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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35044
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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I left the jointly owned marital property 3 years ago, that

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I left the jointly owned marital property 3 years ago, that my ex husband is currently residing in with his co-habitee.
The divorce petition was filed 3 years ago, but a financial settlement agreement has not been reached/negiotated.
I have reason to believe that my ex is looking at renting the house out and returning to New Zealand in the next few months.
He does not want to sell the house , he wants to retain it for income and capital gain purposes.
He does not have the income to support re-mortgaging this himself . I do not want to be on this mortgage at all, so the only way out - as I see it, is to sell. I have been wanting to remove myself from this mortgage all this time, but can’t until he agrees.
If he rents out the house, without my consent, and disappears overseas – what are my rights/ what legally can I do?
And what risks/ liabilities/ implications is he creating for himself here?
I am presuming that I can serve Notice ( which one?) to the tenants to re-occupy the property or place my own tenants in it?.................. Anything else? Eg: Can I notify Inland Revenue or anyone else who should know?
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 far has the divorce actually reached?
Customer: replied 3 years ago.

We have done our Form E's..... then went to mediation which failed re settlement agreements.

Has there been a Decree Nisi - and when did mediation break down/
Customer: replied 3 years ago.

Sorry - had to look through massive files.............ummmm - I would have thought yes to the decree nisi. My solicitor is holding this I think. Mediation was attempted too failed in 2012.

What has happened since that failure?
Customer: replied 3 years ago.

We met for maybe 4 x meetings lasting 10mins, to exchange a few personal items.

I have maintained no contact for 16 months since the last meeting in Oct 2013. 3 weeks ago he communicated to me that he wants to talk about the house over "a cup of coffee", no money, no solicitors apparently. This is not appropriate for a variety of reasons.......and I have been advised through friends that he is looking to move away. He does not want to use mediation again.......and stated also that he doesn't want to spend any more money on divorce fees, although this has been agreed through our respective solicitors.

If you wish to force the sale of the property as soon as possible then the way forward is to apply immediately for the Financial side of the divorce to be dealt with
At that point you will be locked into a Court Timetable which will if necessary lead to a Final Hearing at which the sale WILL be Ordered
The form you need is here
If he does rent the property out then you are not bound by the tenancy agreement and you can evict them - but you will still need to go through the same process to secure the sale of the property.
Please ask if you need further details
Customer: replied 3 years ago.

Great - am gathering info for any eventuality, so this is useful to have as a solid " I can release myself " should I need to . :-)

You are welcome - I hope all goes well
Clare and other Family Law Specialists are ready to help you