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Hello John
Is this the marital home? Are there children living there?
In that case your wife is entitled to enter a restriction on the house with the Land Registry. This is called a Home Rights Notice. You can find out more about it here: https://www.gov.uk/stay-in-home-during-separation-or-divorce
Essentially it restricts you from selling the property without your wife's knowledge as she has a beneficial interest in the property. You will not be able to sell until the divorce is completed and a financial order has been agreed stating what should happen to the house.
If the mortgage is in your sole name, you remain liable for the payments, however you can tell your wife that if she wishes to remain whilst the divorce/finances are resolved, that you will be charging her occupational rent in order to cover the mortgage.
I suggest that you instruct a solicitor to do this, as you want to get it right, and of course, your wife may resist this option.
The alternative is for you to move back into the property, as is your right.
If she has refused, try again via a solicitor. Or proceed with the divorce and financial settlement.
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