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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have had my Financial Settlement. I got a Martin Order on

Resolved Question:

I have had my Financial Settlement. I got a Martin Order on the home allowing me to live in it till my death. My ex to get 65% at that time. The Judge told me if I wanted to sell early to apply for a Variation Order. If not in residence for six months (presumably moving to a Nursing Home) then the property can be sold. Can I negotiate a different percentage with my ex outside court for an early sale through a Solicitor and if I find work outside the UK that keeps me away from the home for more than six months ,can my ex sell the home?
She has an Order on the house, though the deeds are in my name only. I would like to negotiate a 50% split on an early sale, is this realistic?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How old are you - and are you considering an immediate sale?
Clare
Customer: replied 2 years ago.

I am 74. I am not considering an immediate sale but would like to know the correct protocol in the event that maybe in the next year or two decide to sell. At the moment I am resident parent/carer to my 16 year old daughter. But there exists the possibility of work in Portugal next year where I would be away ,out of the country with my daughter for at least six months. If I like the life in Portugal I might like to sell my UK home and buy in Portugal so a higher percentage would be useful.

Customer: replied 2 years ago.

My email address is *****@******.***

I have used this site before and now it is refusing my email address as registered to another member. Could you reply to my email address please?

Expert:  Clare replied 2 years ago.
Hi
Any move which means that you are not living in the house for more than six months will trigger a sale.
If you do wish to move within the next few years then yes you can negotiate a 50/50 split of the equity - and if your ex will not agree then you can apply back to the court.
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

It would be legal then to agree a 50% split on early sale outside the Court using a Solicitor?

I am not receiving notifiication that you have replied to my emails.

Expert:  Clare replied 2 years ago.
Hi
If you BOTH agree then yes it is legal - but you will need to apply to vary the Order by Consent in order to ensure that your ex does not try and claim the balance from you at a later date
Clare
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