Husband is stopping sale of house right to dwell

Buzz50

My friend is unable to sell her house as her husband has what is apparently an occupancy clause/charge on the deeds of her house. He is refusing to sign papers to have this removed.
The house sale is due to be completed in the next 10 days.
What are her options?

The house is in her name solely as it belonged to her and her now deceased previous husband.
My friend's current husband left her 11 months ago and has his own property where he is on the voters register.

Generally my friend and her separated husband get on well but he is apparently wanting to sort out their financial matters before allowing the house to be sold.

davidmcn

Buzz50 wrote: »

Generally my friend and her separated husband get on well but he is apparently wanting to sort out their financial matters before allowing the house to be sold.

If they separated 11 months ago, what progress have they made in sorting out their financial matters?

Buzz50

davidmcn wrote: »

If they separated 11 months ago, what progress have they made in sorting out their financial matters?

None at all so far.

theartfullodger

He knows what he is doing legally & has her trussed up like a Xmas turkey: She needs good legal advice from a GOOD (ie not cheapo ..) family law solicitor who also understands charges..

Buzz50

Can any of you suggest a good family law solicitor who could best deal with this?

I have found Slater Gordon by Googling.

dgtazzman

With all due respect for your friend, I think I actually lean in favor of the husband. Did they agree on the sale of the house before she went ahead and put it on the market? Doesn't sound like it...

Settling financial affairs should be/have been a matter of priority after they got separated. Sounds like the husband was keen but your friend wasn't and he is now using the as a means to force progress.

Getting the finances formerly sorted is likely going to take months, also due to busy courts, so I would be very skeptical of this sale happening.

marksoton

Buzz50 wrote: »

My friend is unable to sell her house as her husband has what is apparently an occupancy clause/charge on the deeds of her house. He is refusing to sign papers to have this removed.
The house sale is due to be completed in the next 10 days.
What are her options?

Well i feel bloody sorry for the purchaser who by now will have no doubt had considerable expenses on a purchase that isn't going to happen.

csgohan4

Buzz50 wrote: »

None at all so far.

Time to take your friend's head out of the sand and do something about the situation. In the meantime your friend has cost a buyer thousands in wasted money because your friend didn't bother sorting her finances out sigh.....

alchemist.1

Buzz50 wrote: »

Can any of you suggest a good family law solicitor who could best deal with this?

I have found Slater Gordon by Googling.

Avoid Slater and Gordon. They are in a state of flux.

You will need to specify whereabouts in the country your friend is to see if anyone can recommend.

fed_up_and_stressed

marksoton wrote: »

Well i feel bloody sorry for the purchaser who by now will have no doubt had considerable expenses on a purchase that isn't going to happen.

I wonder if exchange has already occurred..if so this could get very expensive and even messier !

bouicca21

She should probably look for a solicitor who is a member of Resolution.

But if she has not agreed to settle the finances and has gone ahead with selling the property anyway, she may not be disposed to constructive negotiation. As fed up has pointed out, if she has exchanged it is going to be an expensive lesson.