Divorce- selling flat without my knowledge

Auticko1

Hello, I am going through an acrymonyous divorce and

I worry my husband is going to sell his flat without my knowledge. We have 2 small children together and currently live in a rented house. What can I do to prevent him selling his flat in secret? Thank you.

boliston

Surely there is nothing stopping someone selling something they own is there?

Guest101

more info required:

Did he own this flat before you got together?
Does he support the kids, via maintenance payments? (do you let him see the kids?)
Are you using a solicitor?

in theory you each own half the flat. However if he owned it before you met, the court are more likely, rightly, to rule it is his.

Him selling now would be bad for him, as the money could then be split.

terryw

It is likely that there will be provision for a notice or restriction to be registered at the Land Registry but I don't know the procedure.

The Land Registry rep may well appear on this thread to give further information. Alternatively contact the LR yourself - they are usually very helpful.

Obviously make your solicitor aware of your concerns.

princeofpounds

It is likely that there will be provision for a notice or restriction to be registered at the Land Registry but I don't know the procedure.

This.

And you can also apply for court orders, addressing not just sales of the property, but also who gets to occupy it.

Speak to your solicitor.

PS I don't agree it is likely the court would say it is all his if he owned it before marriage. That can happen with short marriages but if you have children and a good length of time under your belt then it's likely much more 50/50, even totally equal.

Guest101

princeofpounds wrote: »

This.

And you can also apply for court orders, addressing not just sales of the property, but also who gets to occupy it.

Speak to your solicitor.

PS I don't agree it is likely the court would say it is all his if he owned it before marriage. That can happen with short marriages but if you have children and a good length of time under your belt then it's likely much more 50/50, even totally equal.

Not if it's a busniess property - which is seems to be, and not a primary residence of the family.

Whilst I agree with NRP providing for their children, i cant agree with taking away the means to provide.

Land_Registry

There is a means of protecting an interest under the Family Law Act (previously referred to as the Matrimonial Homes Act) as explained in our online guide

It is important to note though that the guide relates to the circumstances where you would seek to protect your rights to occupy the matrimonial home only. It is often used where a spouse is still residing at the said home but it is registered in just the spouse's name.

I would always recommend seeking legal advice in such situations as the guide explains the procedures behind registering such an interest but doe snot seek to cover the legal implications.