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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10731
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Hi, can I sell my house while my wife is refusing to leave.

Customer Question

Hi, can I sell my house while my wife is refusing to leave. I'm the sole owner of the property and she owns another house in her maiden name. We split up over a year ago and we don't have children, I've been living on people's sofas ever since.
I have got a buyer and had the valuation done. The buyer is aware and willing to evict her after the sale. Is this ok?
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

You certainly can sell the property without obtaining your wife's signature, provided the buyer is happy to evict her after completion. I must say, the buyer's Solicitor is very unlikely to advise him to proceed on this basis!

Please note that if your buyer is having a Mortgage to finance the purchase, his Solicitor won't be able to proceed until your wife has vacated.

The only other issue that may put a halt on matters is if your wife registers a Home Rights Notice on the property,which is basically confirming that she has a right to remain in th eproperty until such time as any divorce is finalised.

I hope this assists and sets out the legal position.

Kind Regards