Help I need some urgent advice :(

mrsides

My wife has left me and text me to say its over.

We have no children together, but children of our own from previous relationships.

I put £40,000 down on our home as a deposit this was my savings, I then paid a further £63,0000 off the mortgage when I won a legal case for an injury I received. This was before we were married. The mortgage is in my name with my stepson as I needed his income to obtain the original mortgage amount.

At the purchase point of the house the solicitor drew up a contract stating I own 99% of the house and my stepson owns 1%, this was signed and witnessed.

My wife is not on the mortgage due to still being named on a mortgage with her previous partner.

The house is worth approx £160,000 with a mortgage of £47,000.

My questions are -

Do I need my wife to agree to the sale of the home?

What entitlement is my wife due from the sale of the home?

I fully understand 1% of the sale price will have to be paid to my stepson.

Sorry its so clinical but I am struggling and this is something which I know needs dealing with.

Thank you in advance

Mojisola

If your and your step-son's names are on the deeds, you will need his agreement to sell it.

Lots of divorce advice here - https://www.wikivorce.com/divorce/

double_mummy

you wont needs wifes permission to sell but depending on how long you were married she may have a claim on some of the equity

is the wifes name on the deeds?
has she registered an interest with the land registry?

mrsides

We were married four years last week!

This is an awful situation to be in but I just need advice

Thank you

mrsides

Sorry no my wife has not got her name on the deeds or with the land registery

double_mummy

then she cant stop a sale

you need to go and see a solicitor (get one that does a free half an hour)

it will be classed as a short marriage as it is under 5 years

start divorce proceedings and get the financial order done

Imp

If she makes a claim on the equity in the house, you could claim against the equity in her/her ex's house (obviously with the suggestion both parties agree to not claim against the other's housing equity)

Seanymph

Divorce is usually in three parts - the ending of the marriage, the agreement of the children, the financial agreement.

You can finalise the ending of the marriage and the finances later, but generally it makes sense to do it all at the same time.

when you see your solicitor they will offer you better advice than a forum.

the only thing I know for sure from your post is that your damages are ringfenced and do not form part of the marital assets when it comes to divorce.

marywooyeah

if you've only been married four years it's unlikely your wife would have much, if any, claim over your property.

was there ever any agreement between you that the house would be for the benefit of both you, despite it only being in your name?

has she contributed towards the house in any way which would increase it's value, eg contributing towards repairs or redecoration?

Land_Registry

double_mummy wrote: »

then she cant stop a sale

you need to go and see a solicitor (get one that does a free half an hour)

it will be classed as a short marriage as it is under 5 years

start divorce proceedings and get the financial order done

I cannot provide legal advice but one additional thing to be aware of is that she may have rights under the Family Law Act and she may seek to protect her interest on the register - see our online guidance as to how this is achieved.

Now, whilst registering such an interest may not mean she can 'stop a sale' the effect is broadly the same if you are referring to a normal sale to a completely new owner for full market value. In essence any prospective purchaser would become aware of the interest as registered and would be extremely unlikely to proceed with any sale simply because the spouse has registered her rights of occupation.

The fact that she has left and is not actually living in the property is unlikely to be sufficient to placate a buyer as the interest still exists unless the marriage is ended (divorce/court order or one of you dies). Many spouses will register their legal interest whilst the issues around the house/divorce are resolved.

That is not to say that she will but just something to be aware of in light of other postings.