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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Family Law
Satisfied Customers: 6362
Experience:  Dual qualified Solicitor and Attorney
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The family home is in both names. There are 4 further

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The family home is in both names. There are 4 further investment properties. They are in husbands name even though bought whilst married. Married for over 15 years. I sold my house and gave £120,000 which was paid directly from my solicitors account to husbands account. I was told verbally that this money was going to be used to pay off the mortgage of the first investment property. Husband always led me to believe that was the case. He has always been controlling. He never put the property in my name even though i asked throughout marriage. He used the equity in the first investment property to remortgage and go on to purchase the other investment properties. Divorcing now. It has come to light that he never paid off the mortgage on the first property. I have no idea what he did or used my £120000 for and its too many years ago to ask during this divorce case... or is it?
I have now found out that he has put the properties on the market. One is under offer. I am worried that he will sell and get rid of the money. I don't have home rights as not main house. How do i put a charge or what application and form do i need to complete so that he cannot just sell and squander the money from the investment properties. Also as they have mortgages do i need to inform them.
Also is there something that i should write to his solicitors to put them on notice? How do i do that?
Finally, the Form E exchange according to the form A was meant to be done the week before he exchange his. It has now come to light that he took a £14000 loan out a few days ago. After the date of exchange should have happened and he has included this into his figures which therefore shows he has less money.
What can i do about this?

Hi thank you for your message, in terms of the investment properties you cannot put a notice on those but as they were purchased during the marriage these are marital assets and he cannot just get rid of the money as any proceeds of the sale are marital property too. You can put a home rights notice on the family home: https://www.gov.uk/government/publications/notice-of-home-rights-registration-hr1

I am afraid you cannot prevent him taking out the loan.

I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Customer: replied 15 days ago.
Could in or make an application on D11 to the court?
You could yes and ask the court to stop the sale until the division of assets is completed. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.
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