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SASH_Law
SASH_Law, Lawyer
Category: Property Law
Satisfied Customers: 6179
Experience:  LLB (Hons)
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We bought our house after 10 years of marriage and the

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Hi,
JA: Hi. How can I help?
Customer: We bought our house after 10 years of marriage and the deposit was saved over many years. Only my wife's name is ***** ***** deeds
No she wants a divorce and sell the house. Can she sell the property without my consent and keep the proceeds. The mortgage is also in her name
Thanks
JA: Because laws vary from place to place, can you tell me what location this is in?
Customer: England
JA: Has anything been filed or reported?
Customer: No
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Nothing I can think of

Hello, how are you today? 



My name is ***** ***** I am going to see if I can assist with your query. Let me just read your first post. I may need to ask you additional questions after I have read it, and if I do, they will appear below. It is important you answer all the questions I ask, so that I have the information I need to give you an accurate response. 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 16 days ago.
Ok, thanks

The starting point for the sharing of assets in a mid to long term marriage is 50/50 of all assets accrued during the marriage. The court would typically look at the needs of each party, the needs of any minor children of the marriage, and the factors as listed in s25 of the Matrimonial Causes Act 1973, which I will link to below.

If your name is ***** ***** the house deeds, the first thing you should do is to register your home rights, which will mean she cannot sell without you being notified. See here for the form and guidance: https://www.gov.uk/stay-in-home-during-separation-or-divorce

It is important to note that the finances will only be reviewed by the court after the decree nisi (now called ‘conditional order’) has been granted, and will only take effect after the decree absolute (now called ‘final order’).

You will need to attend mediation (see link below on where to find a mediator) before you can make the application to court in any case, and can therefore agree everything ahead of the time to make the application to court. If you can agree, you can get a consent order drawn up, and the court will then seal that as a consent order (i.e. an agreement between you). Sealing the order makes it enforceable. If you cannot get agreement for a consent order, one of you will need to apply to court on Form A, and the court will list the matter for a hearing to see if a Judge can help you agree. If you still cannot agree, the matter will be set down for a new Judge to decide how to split the assets.

You will both also need to complete full financial disclosure, so each of you, and ultimately the judge, can see what assets there are and what is available to share. This includes everything from savings, property to pensions etc.

Until you each have full disclosure it is impossible to say what the likely outcome will be, but as stated above, the starting point for a long marriage is 50/50.

Find a mediator: www.familymediationcouncil.org.uk

Section 25: https://www.legislation.gov.uk/ukpga/1973/18/section/25/1997-06-19?timeline=true

Form A: https://www.gov.uk/government/publications/form-a-notice-of-intention-to-proceed-with-an-application-for-a-financial-order

Form E: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/953463/form-e-eng.pdf

SASH_Law and other Property Law Specialists are ready to help you
Customer: replied 16 days ago.
Online for now is fine

The starting point for the sharing of assets in a mid to long term
marriage is 50/50 of all assets accrued during the marriage. The court
would typically look at the needs of each party, the needs of any minor
children of the marriage, and the factors as listed in s25 of the
Matrimonial Causes Act 1973, which I will link to below.

If
your name is ***** ***** the house deeds, the first thing you should do is
to register your home rights, which will mean she cannot sell without
you being notified. See here for the form and guidance:
https://www.gov.uk/stay-in-home-during-separation-or-divorce

It
is important to note that the finances will only be reviewed by the
court after the decree nisi (now called ‘conditional order’) has been
granted, and will only take effect after the decree absolute (now called
‘final order’).

You will need to attend mediation
(see link below on where to find a mediator) before you can make the
application to court in any case, and can therefore agree everything
ahead of the time to make the application to court. If you can agree,
you can get a consent order drawn up, and the court will then seal that
as a consent order (i.e. an agreement between you). Sealing the order
makes it enforceable. If you cannot get agreement for a consent order,
one of you will need to apply to court on Form A, and the court will
list the matter for a hearing to see if a Judge can help you agree. If
you still cannot agree, the matter will be set down for a new Judge to
decide how to split the assets.

You will both also
need to complete full financial disclosure, so each of you, and
ultimately the judge, can see what assets there are and what is
available to share. This includes everything from savings, property to
pensions etc.

Until you each have full
disclosure it is impossible to say what the likely outcome will be, but
as stated above, the starting point for a long marriage is 50/50.

Find a mediator: www.familymediationcouncil.org.uk

Section 25: https://www.legislation.gov.uk/ukpga/1973/18/section/25/1997-06-19?timeline=true

Form
A:
https://www.gov.uk/government/publications/form-a-notice-of-intention-to-proceed-with-an-application-for-a-financial-order

Form E: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/953463/form-e-eng.pdf

Can I clarify anything for you?

Can you see my response?

Customer: replied 16 days ago.
Can she object if I claim my right to stay, does she get to know that I claim my right

Yes, she will be notified of you registering your home rights.

Customer: replied 15 days ago.
Thanks can she object

Not whilst you are married.

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