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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34910
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hello. Will try and keep this short as possible! My

Customer Question


Will try and keep this short as possible!

My wife was cheating on me. We have 2 young children together and also a step son from her previous marriage. I move out of the family home 6 months ago. The house is solely in my name. She does not work and cannot afford to pay any of the mortgage.

We got the house valued yesterday and the is some equity in it so I would like to sell and Happy to split the profit equally, despite her never actually helping to pay any of the mortgage. I my wife agreed to this but then later sent my a text saying that she have applied for home rights notice to stop me selling. I have now found out she applied for this in Dec 2013 but did not inform me.. Land registry did write to me in December but must have sent to the home address and the letter must have been intercepted and hidden from me.

Does this notice stop me selling the house?

I am currently living at my parents, rent free and cannot afford to live until my wife either start paying the mortgage or agrees to sell. What other options do I have?

What my wife wants is for me to put her name on the mortgage so she can get help, in benefits to pay the mortgage. I do not want to do this due to her constant lies. Do not want a finicial tie to someone I clearly cannot Trust.

Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
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 much is the house worth and how much is outstanding on the mortgage?
what other assets and debts are there and what income do you each have?
Customer: replied 4 years ago.

Hi Clare.


The house was valued yesterday between £210k and £220k. There is £183k outstanding on the mortgage. I am on a tracker and paying interest only so would like to sort as quickly as possible before interest rate go up and I end up paying out even more.


I earn £49k pa (but bonus last year of 14k). I my wife has a part time job earning £80 a week. There are no other real assets except usual household furniture


Debt wise I have 1k on an argos card and £500 with little woods. I intend

to pay both off at end of this month.


I don't think she has any debt (but could have?). Sure her bank overdraft is about 1k.


I am also paying my dad back £200 a month for a debt we owe him, ends in 2 years.


Could I just check... Am I paying £22 for every email I send you?


Regards Pete

Expert:  Clare replied 4 years ago.
How much is the monthly mortgage and what other payments are you making to wards the household?
(and no you have paid for the question - this is just about getting the information needed to answer it meaningfully - all in one price!)
Customer: replied 4 years ago.



Thanks for clarification on that.


Monthly mortgage payment is £800. I have been paying the full amount of that for 6 months since I moved out. I was also paying all of the household bills until February this year, but she has now taken those over (£150 to £200 a month).

In principle we have agreed that I will pay £350 a month in child maintainence but obviously cannot start paying this until the house is sorted.


Expert:  Clare replied 4 years ago.
How old is your step son and does his father pay maintenance for him?
Customer: replied 4 years ago.

My step son is 10. She always denied that the father paid any maintenence but recently changed that to she receives £10 a month from him. To be honest, she could be getting more than that.



Expert:  Clare replied 4 years ago.
I have bad news for you
You will not be able to force a sale of the property until your youngest child is 18 or your ex cohabits
The Notice does indeed stop you from selling prior to aDecree Absolute being granted - and will be replaced with a Court Order thereafter.
When the house is sold your ex will get at least 50% of the equity - possibly more to reflect the fact that she has had the care of the children.
Your Child Maintenance liability is in the region of £700 a month based on last years income and on top of that you are also liable for spouse maintenance given the substantial difference in your incomes
On that basis an agreement whereby you either pay her and she pays the mortgage or you continue to pay the mortgage direct is the best option available - either way get it spelled out in the Financial Order within any Divorce proceedings
I am sorry I know that this is not good news - but it is a realistic reflection of the position that you are in
Please ask if you need further details