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JimLawyer
JimLawyer, Solicitor
Category: Property Law
Satisfied Customers: 17429
Experience:  Senior Associate Solicitor
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Is there a way I can stop the sale of a property I lived at

Customer Question

Is there a way I can stop the sale of a property I lived at with an estranged partner.
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: Though I’m not named on the deed, Whilst living at the property, I paid the mortgage fully for 13 years; we’ve been separated for 4 years. Pre-divorce processes are in progress
Submitted: 13 days ago.
Category: Property Law
JimLawyer
Expert:  JimLawyer replied 13 days ago.

Hello, this is Jim and welcome to JustAnswer.

I am one of the legal experts on the site and I am a dual-qualified solicitor (UK & Republic of Ireland)

Thank you for the question, I am reviewing the details now and I will aim to resolve it as quickly as possible for you.

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Expert:  JimLawyer replied 13 days ago.

Yes, you would need to register a home rights notice with HM Land Registry - which will place a restriction on the deeds and should stop a sale - until you are divorced though you should ask the family court for a financial order to deal with the matrimonial property as part of your divorce.

For the home rights notice, please click here: https://www.gov.uk/stay-in-home-during-separation-or-divorce

As for a financial order, you can apply for one once you receive decree nisi - here is the link to give you further details :

https://www.gov.uk/money-property-when-relationship-ends/apply-for-a-financial-order

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Expert:  JimLawyer replied 13 days ago.

I hope this helps

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Expert:  JimLawyer replied 13 days ago.

It was a pleasure to assist you today and I hope this answers the question.

If you have any follow up questions or if you would like me to clarify anything I have said, please let me know and I will be happy to help.

Many thanks,

Jim



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Expert:  JimLawyer replied 13 days ago.

Just a final note that if you would like to reconnect with me at a later date, simply add me as a favourite expert and you can then tag me in a question starting off with @JimLawyer.

I look forward to helping you again soon.

Thanks again,

Jim



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Customer: replied 13 days ago.
Can I still restrict sale of the property after the decree nisi has been issued? How long after the decree nisi has been granted can I assert my right to the property? Is a caveat relevant in this case and to what extent? Thanks & Regards
Expert:  JimLawyer replied 12 days ago.
Hi, thanks - it's a matrimonial asset though as for a caveat, I am not sure as that normally applies to probate cases. 

The fact you are married means you have a right to claim a share of any assets including the property. 
You may wish to seek legal advice on this (we don't give legal advice as we are not a law firm - we are an internet forum so we are limited to giving online information and guidance only, from a legal standpoint). 
You can find a local family law solicitor on this site: https://solicitors.lawsociety.org.uk/

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