Selling with home rights

bouicca21

She can't afford the house? So where exactly is she going to live?

Either you negotiate or you behave confrontationally. Negotiation is cheap - full disclosure on both sides, maybe mediated by a solicitor, and a realistic proposal about how the equity is to be split, what happens to pensions, savings, debts etc and where the child is to live and what child maintenance will be paid.

Using the courts still requires full disclosure but racks up fees very quickly. I know of one couple who ended up with fees on both sides of over £20k and all they were fighting over was a house worth £280k. Ridiculous.

You might bear in mind That if your wife decides not to cooperate she can delay your divorce for 5 years. And stop thinking that you own the house. It's marital property.

confusedowner

"She can't afford the house? So where exactly is she going to live?"

Where she lives is not my problem. Where the child lives is indeed a problem that is separate.

Our house is too big for us, and is certainly too big for her + child. She can rent+bills or buy another house + bills for half of this house.

confusedowner

As suggested what I'll do is try and negotiate, record all communication trying to reach a reasonable settlement. Past history says that she will smack her own face if that meant getting back at me somehow, so we'll see how that goes.

bouicca21

Go to the court service website and download form E. That will give you a clear idea of the information you both need to share. You will need a cetv from your pension provider if you have one, as will she if she has one. Come up with a clear parenting plan. Research housing so you have evidence of suitable alternatives for you both. Don't forget school catchment areas.

You may wish to suggest interim spousal maintenance, limited to say 3 years - so that she can retrain or refresh her work skills.

Whatever you do try and swallow that anger. You need to be on amicable terms for the sake of your child. Believe me I know how difficult it is, I reckon I should get an Oscar for my own performance.

xylophone

http://www.wikivorce.com/divorce/Guide-To-Divorce.html

worth a read.

Land_Registry

Dealing with your OP on it's own - whilst it is possible to sell with the Notice of her rights of occupation in place it is extremely unlikely any buyer would complete on that basis. I say possible simply because if a buyer submitted an application to register their purchase we could complete it and simply leave the Notice re her rights in place.

A mortgage lender would be searching for this specific Notice as well so again another reason why the buyer would not proceed if they could not secure the mortgage

As such the order of events is divorce, removal of the notice (form HR4) and then sale. You could start the selling process ahead of the divorce but clearly there may be timing issues if the sale happens quickly but the divorce stalls.

Hard_food_for_midas

How you getting on now OP? Any update?