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Hello, my name is***** hope you are well today. I am a qualified Solicitor, and I will be able to help you by providing you with an answer to your question today. I specialize in UK and Irish Law. I am not always online but rest assured if I do not respond immediately, I will respond when I return.
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If both of your names are ***** ***** deeds to the property, you can't sell your house without your husband's permission.
Do you have a copy of the deeds that I can review?
Please bear with me as I am currently reviewing your attached document. I will return to you shortly.
Is you ex husband on the mortgage?
Being in the mortgage, the ex-husband only has the responsibility to make payments, but it does not make him a co-owner of the property.
This means, your sister is in a position to sell the property even without her ex-husband's permission. However, the ex-husband can block the sale of the property.
He can also apply for home rights and an occupation order to remain in the property.
He may also file a beneficial interest in your home. A beneficial interest in a property gives the ex-husband a financial share in the property, even if he is not a legal owner. This means that he would get a share of any sale proceeds.
Your sister should speak to their mortgage lender about her plans to sell the property.
Is there anything else I can help with today?