Selling with home rights

confusedowner

I'm confused about the order to do things during divorce proceedings when selling a property.

Currently we live in a house, together with 1 8 year daughter.

House is only in my name, and mortgage is only in my name.

I pay for all of the mortgage and bills - despite her having a job (one of the reasons for wanting to divorce).

She has registered home rights with the land registry a few years ago.

I don't want to pay for the mortgage anymore. So I want to sell. We have yet to finalise divorce proceedings, this is probably a few months away.

She will definitely not be able to pay the mortgage if transferred to her, and she will definitely not be able to afford any mortgage that allows her to keep the house on her own. She cannot "buy me out".


If I sell, will she be able to block? is my only option at that point is to default.

Can the selling procedure force her into a settlement where we split proceedings?


Keep in mind there is no option to negotiate with this woman over anything.

nomoneytoday

When you took out your mortgage, did she sign a document to say she had no rights over the property?

confusedowner

To make matters more complicated, when I bought, she refused to join me in the property.

She stayed in the old property that we rented with the intention of staying there forever.

I told my buying solicitors at the time that I'm the sole person living in it.

Three months later she moved in.

G_M

She will need to agree a sale.

If you can agree amicably how much to sell for and how to split the money then fine.

If not, dealing with the property should become part of the formal divorce proceedings.

The fact the property and mortgage are both in your name, and you have been paying the mortgage, does not per se remove her right to the property or some element of its value.

confusedowner

So how does that work? I ask the courts to sort out the house situation and they make a ruling?

How do they know if she has savings I would be entitled to? She has grown quite a pot of money by having me pay for everything.

bouicca21

You both have to disclose your finances - savings, pensions, debts, income, the lot.

It will cost you if you get the court to sort it out, better to come to an agreement. You should both seek advice, come to an amicable agreement and get the court to rubber stamp it.

And yes she can stop you selling unless you have a court sealed agreement. And bear in mind that the court is going to be focussed on securing a roof over the child's head. It's not beyond the realms of possibility that it would allow your ex to stay in the house till the child is 18.

MobileSaver

confusedowner wrote: »

Currently we live in a house, together with 1 8 year daughter.

One 8 year old daughter or 18 year old daughter?

confusedowner

one 8 year old daughter.

How can the court allow the ex to stay when she won't be able to get a mortgage or continue paying for it? the running costs between bills and mortgage alone consume her whole salary. Her credit is rotten she won't be able to get a mortgage.

G_M

That's why there are divorce courts!

Have you never read in the papers about the claims and counter-claims that husbands and wives make against each other? The court looks at what each person owns, what they earn, what pensions they have built up, what savings they have, what needs they have, whether there are children and which spouse will bring them up, what housing needs they have etc etc etc.

Then, after several months (or more), and several thousand pounds (or more) the courts decides who gets what now, and who must pay who how much in the future.

MobileSaver

confusedowner wrote: »

How can the court allow the ex to stay when she won't be able to get a mortgage or continue paying for it?

The court's priority will be to keep a roof over the head of your daughter until she reaches at least 18 years of age.

You need specialist advice but above all, as this is almost certain to go to court, you need to continue being seen as reasonable. Engage and record/note disucssions with your wife for future reference. Try to find a compromise and find out what her issues/objections are.

nubbins

confusedowner wrote: »

I'm confused about the order to do things during divorce proceedings when selling a property.

Currently we live in a house, together with 1 8 year daughter.

House is only in my name, and mortgage is only in my name.

I pay for all of the mortgage and bills - despite her having a job (one of the reasons for wanting to divorce).

She has registered home rights with the land registry a few years ago.

I don't want to pay for the mortgage anymore. So I want to sell. We have yet to finalise divorce proceedings, this is probably a few months away.

She will definitely not be able to pay the mortgage if transferred to her, and she will definitely not be able to afford any mortgage that allows her to keep the house on her own. She cannot "buy me out".


If I sell, will she be able to block? is my only option at that point is to default.

Can the selling procedure force her into a settlement where we split proceedings?


Keep in mind there is no option to negotiate with this woman over anything.

My mate has gone through something similar recently, I think it has taken 18 months of stress with the courts and solicitors and I am sure he said it cost him over £5000 in fees so heed the above and see if you can sort it out amicably first. Depending on equity/price risen I would probably give her a bung.