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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My ex wife is refusing to sign a home right waiver, neither

Resolved Question:

my ex wife is refusing to sign a home right waiver , neither of us live in the property , she took this out `to protect the children` , both are away at university , one is 23 years old , and has her own apartment , the other is 20 years old , and is in rented accomodation in Plymouth , she has the choice of going to her mother, or my house for holiday terms
Submitted: 10 months ago.
Category: Law
Expert:  Clare replied 10 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I needs some further information first.

Was there a financial order made within the divorce proceedings?

What do you wish to do with the property?

Customer: replied 10 months ago.
no , there was not a financial order , i am trying to sell the property , i have a buyer , but do not have my ex`s agreement
Expert:  Clare replied 10 months ago.

When was the Decree Absolute?

Customer: replied 10 months ago.
its more than 5 years ago
Expert:  Clare replied 10 months ago.

What restriction has she placed on the property?

What settlement have you offered?

Customer: replied 10 months ago.
she regestered an interest in the property , using family law , i think its an f4 for , that she needs to sign , i have asked her how much it would take , via my eldest daughter , she refused to do it , she is unwilling to even state a sum ,
the property is in negative equity , with the mortgage due to be paid in full this month , it took 14 months for me to get a buyer ,
Customer: replied 10 months ago.
i have an interest only mortgage , and i am in an iva , which is due to expire in october 2016
Expert:  Clare replied 10 months ago.

Can you just check the form.

I assume the property is held in your sole name?

Customer: replied 10 months ago.
sorry i do not have the form , but i have checked through my emails , its a HR4 form,
yes the property is in my name only
Expert:  Clare replied 10 months ago.

Just to check - she put it on BEFORE the Decree Absolute was granted?

Customer: replied 10 months ago.
i would have to find out , what is the difference ?
Expert:  Clare replied 10 months ago.

If she did then in fact all you have to do is to complete the form yourself and send a copy of the Decree Absolute to the Land Registry.

Please ask if you need further details

Customer: replied 10 months ago.
thank you very much , i shall investigate , if i have further questions this week , will it be yourself i speak to
Customer: replied 10 months ago.
i have found my divorce papers , they where issued in 2012 , the family notice , at the land registry took place in 2011
Customer: replied 10 months ago.
thank you for your help , i really appreciate it
Expert:  Clare replied 10 months ago.

Excellent news - fill the form in and send it off!

Clare and other Law Specialists are ready to help you