my wife is trying to sell our house

zzzLazyDaisy

You need to see a solicitor, pronto.

You do not have automatic entitlement to half the house that is in her sole name. If you are planning to divorce then all matrimonial assets will be taken into account in the financial settlement, including the house that is in her sole name. 50/50 is a starting point and can then be varied depending on various factors. But once the house has been transferred there is no power to recover that asset (although it may be taken into account when distributing other matrimonial assets).

However it is possible to have a caution put on the title deeds at the land registry to prevent the transfer of the property pending the outcome of the divorce proceedings.

However the above comments are only relevant in the context of a divorce. If you are not planning to divorce, you will not have any rights at all over the house in her sole name, but she will have rights over the house in joint names.

missile

zzzLazyDaisy wrote: »

You need to see a solicitor, pronto.

Do it TODAY. :eek:

I would be surprised if she had not already seen her solicitor.

at the moment im living at a neighbours and she is in our house.

so she has possession of both houses

seven-day-weekend

Move back into your house and then see a lawyer ASAP.

jmdnnlln

seven-day-weekend wrote: »

Move back into your house and then see a lawyer ASAP.

If only it was that easy, a friend of mine did just that and got arrested for breaking and entry ( she changed the locks ) and was then BARRED by a court from harrasment (going to his house) on his soon to be ex wife.
The ending was much happier, but who would have thought.


SEEK PROFESSIONAL ADVICE TODAY!!!!

zzzLazyDaisy

jmdnnlln wrote: »

If only it was that easy, a friend of mine did just that and got arrested for breaking and entry ( she changed the locks ) and was then BARRED by a court from harrasment (going to his house) on his soon to be ex wife.

In OP's case the matrimonial home is jointly owned, this means that he has full right to enter the property at any time and if the wife changes the locks he is entitled to force an entry. This is one of the reasons why it is so important to deal with the division of property when relationships break down... not many people would want their ex have free legal right of access to the place you are living, day and night.

If an injuction was obtained against your friend, there was more to it than him gaining entry to his own house. It probably had more to do with his behaviour surrounding the incident (or more likely more than one incident) as the courts are normally very reluctant to bar a person from the house that is/was their own home and which they own.

Gonzo33

I am also voting for get legal advice ASAP

Debt_Free_Chick

She's frightened/insecure

andyscd

Debt_Free_Chick wrote: »

She's frightened/insecure

i understand what your saying, but im a man of my word, i dont make big promises that i dont intend to keep !, even to my own detriment. i dont want things to come back and bite me on the !!!!. she knows that for me to even offer to do this is a massive jesture of trust!! when dealing with my previous partner over the house, my now wife wanted me to go for the jugular, and i couldnt in good concience do it. she took advantage of it...:(

getmore4less

andyscd wrote: »

he was a widow, she sold her old house to buy out my ex, and bought the house in question with the rest of it. the (unofficial) rent we get from one house pays for the other house.

please help

So the house in her name was bought with premarital(to you) assets used by her daughter and never shared with you.

Don't see why you think 1/2 of this is yours.

whats it worth how big is the mortgage?
if it has a mortgage transfering will require the daughter to take on the mortgage.

As for your own shared home fight for that.

Why did you move out? Should have kicked the wife out to go live with the daughter.

rpc

getmore4less wrote: »

Don't see why you think 1/2 of this is yours.

Because they married.

"all that I am I give to you, and all that I have I share with you" and all that...