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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have recently divorced and reached an agreement via consent

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I have recently divorced and reached an agreement via consent order with my ex-wife that upon sale of the marital home, she receives all of the equity up to £20k, and anything over that I will receive (there is only around £20k equity so I stand to take nothing).
Currently no-one is living in the house, although I had until recently been using it as a place to live since we separated last June. I am paying all of the mortgage and bills at present.
The house had recently sold and last minute the buyer has pulled out. I want to know where I stand legally on forcing the house to be either rented and the income to be split as well as all the outgoings to be split 50/50. Or if I can just sign the house over to her? I have to date dealt with all of the conveyancing and I am fed up of dealing with it all as I stand to take nothing from the sale.
Hi, thank you for your question. Just a bit more information required to fully assist you:-Whose name is ***** ***** currently in?-What are the exact terms of the order regarding sale of the home and who is supposed to conduct te sale etc?
Customer: replied 1 year ago.
The house is currently owned 50/50.We have conducted a solicitor jointly to sell the house.
Thanks - the difficulty is, as it is jointly owned you will need her consent to rent it out and as there has already been a financial settlement ordering a sale of the property, any rent may impact the sale. As the original sale has fallen through, legally you should (both as jointly as you both have conduct sale) - she should be assisting with the conveyancing process as the sale is joint conduct.I appreciate that this may not be the answer you would have hoped for, but if you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
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