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propertylawyer
propertylawyer, Solicitor
Category: Law
Satisfied Customers: 288
Experience:  Property Solicitor with expertise in commercial and residential property transactions.
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I have just been issued with a notice of severance on my

Customer Question

I have just been issued with a notice of severance on my former matrimonial home which my ex husband now lives in with his current partner (we are divorced). Does this mean that the property will now be registered with a 50 / 50 equity split at the Land Registry and how can I realise my equity in the property?
Submitted: 1 year ago.
Category: Law
Expert:  propertylawyer replied 1 year ago.

Hi

That is correct. The joint tenancy has been severed and you and your ex each own distinct separate shares in the property as tenants in common - 50/50.

Customer: replied 1 year ago.
Thank you but the last part of my question was how do I realise my equity in the property
Expert:  propertylawyer replied 1 year ago.

Was there a court order when you divorced?

Customer: replied 1 year ago.
No
Expert:  propertylawyer replied 1 year ago.

Are there children in the house?

Customer: replied 1 year ago.
No.
Expert:  propertylawyer replied 1 year ago.

Under section 14 of the trusts of land and appointment of trustees act you can apply to the court for an order to sell.

On severance the land registry should have put a restriction on the title preventing a sale by one owner only. you may wish to check to make sure.

Expert:  propertylawyer replied 1 year ago.

Note this is discretionary. the court does not have to grant an order for sale.

Any questions or queries?

Happy to assist further.

Please can I kindly request that you accept /positive rate my response otherwise the website will not pay me. many thanks.

Expert:  Clare replied 1 year ago.

My name is ***** ***** I have been a solicitor for more than 35 years

In fact the court has no discretion in the matter - if you make a TOLATA application the sale will be ordered.

However provided you have not remarried you can also make an application within the Divorce proceedings (even now) for the court to deal with the financial issues which will include ordering a soale of the property.

The Family Court also has wide powers to adjust the shares that you each receive

Expert:  propertylawyer replied 1 year ago.

Do let me know if you have any further questions or queries.