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SASH_Law, Lawyer
Category: Law
Satisfied Customers: 6368
Experience:  LLB (Hons)
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My estranged wife says that she has put a block on me

Customer Question

My estranged wife says that she has put a block on me selling the house even though it is only in my name is ***** *****?? Thanks John
JA: Where is she? It matters because laws vary by location.
Customer: She is in Poole Dorset
JA: What steps has she taken so far?
Customer: I only have on text at moment I have requested her Solicitor’s details so I can sort mine out but no answer
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I pay all of the mortgage and she pays bills I have not been in house for 3 months as she has told me that her Solicitor said I am not allowed in in case I distress her, surely this is wrong??
Submitted: 10 days ago.
Category: Law
Expert:  SASH_Law replied 10 days ago.

Hello, how are you today? 

My name is***** would be nice if you could let me know your name, so that I know who I am talking to. I am going to see if I can assist with your query. I may need to ask you additional questions and it is important for you to answer all the questions clearly, so that I have the information I need to give you an accurate response for your specific legal situation. JA is a Q&A website, and this ‘chat’ is email based, which means responses may not be immediate. Do rest assured however, that I will be providing you with an answer to your query today.

The site will offer a phone call, this is automated and it is important for you to know that I do not make calls. I will answer your query online.

Please confirm that you have read and understood this message and then we can begin.

Customer: replied 10 days ago.
Hi my name is John
Customer: replied 10 days ago.
Online is fine thanks
Expert:  SASH_Law replied 10 days ago.

Hello John

Is this the marital home?  Are there children living there?

Customer: replied 10 days ago.
There are no children and yes it’s a marital home
Expert:  SASH_Law replied 10 days ago.

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:

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.

Customer: replied 10 days ago.
What are my options as I cannot afford to pay for the mortgage and rent somewhere as well ?
Expert:  SASH_Law replied 10 days ago.

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.

Customer: replied 10 days ago.
I have requested that she pays half of mortgage as she still lives in the house until things are resolved which I thought was fair and that has been refused
Expert:  SASH_Law replied 10 days ago.

If she has refused, try again via a solicitor. Or proceed with the divorce and financial settlement.

Customer: replied 10 days ago.
Thanks for your help today I will speak to my solicitor and get things moving John
Expert:  SASH_Law replied 10 days ago.

You're very welcome, glad to assist.

Expert:  SASH_Law replied 9 days ago.

If you have new questions and wish to ask for my assistance, you can do so by putting FORCustomerONLY in the subject heading of a new thread. Alternatively, once you have rated this question, you will get the option to add me as a favourite expert from your membership page. Then, when you wish to ask me another query, you can then simply type “@“ followed by my name in your next chat, e.g. @SASH_Law.

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