Can my separated wife stop me from selling a house I solely own?

frtfge100

My wife and I separated in 2019. She refuses to agree to a divorce, but that's another topic.

She moved into a new home in 2019 and I remained in the house we shared. I am the sole owner of the property (she never wanted to go on the mortgage - turns out she was hiding 80k of debt from me!) so it's only my name on the mortgage and only my name on the title register.

I would like to sell the house - I know I can do it without her permission currently, but is there something she could do to stop it? Like register a charge on the property, even though she doesn't live here?

She likes making my life difficult - so as soon as she notices the house up for sale I imagine she'll do whatever she can.

Thanks!

Sandtree

Yes, Section 37 of the Matrimonial Causes Act 1973

She can apply for an injunction to prevent the sale or require the proceed of the sale to be frozen if she can show reasonable cause that you are doing to deprive her of her potential share in the value of the asset. 

The law would be a little weak if it allowed you to sell everything you own for a fraction of its value or give it all away to save having to give her half. There are other routes but the Matrimonial Clauses Act is the easiest and I assume most common.

anselld

Well under a divorce settlement all assets and debts would be shared so she could claim half of the house proceeds and give you half of her debt.

scoot65

Regarding her noticing the house up for sale, you ask the estate agent not to erect an sale board at the property.
 

frtfge100

Sandtree said:

Yes, Section 37 of the Matrimonial Causes Act 1973

She can apply for an injunction to prevent the sale or require the proceed of the sale to be frozen if she can show reasonable cause that you are doing to deprive her of her potential share in the value of the asset. 

The law would be a little weak if it allowed you to sell everything you own for a fraction of its value or give it all away to save having to give her half. There are other routes but the Matrimonial Clauses Act is the easiest and I assume most common.

Just to be clear, I’m not attempting to keep any money that is rightfully hers. She is more than welcome to her fair share of the proceeds.

I’m just wondering if she can stop me selling the house under the circumstances.

Thanks!

Sandtree

frtfge100 said:

Sandtree said:

Yes, Section 37 of the Matrimonial Causes Act 1973

She can apply for an injunction to prevent the sale or require the proceed of the sale to be frozen if she can show reasonable cause that you are doing to deprive her of her potential share in the value of the asset. 

The law would be a little weak if it allowed you to sell everything you own for a fraction of its value or give it all away to save having to give her half. There are other routes but the Matrimonial Clauses Act is the easiest and I assume most common.

Just to be clear, I’m not attempting to keep any money that is rightfully hers. She is more than welcome to her fair share of the proceeds.

I’m just wondering if she can stop me selling the house under the circumstances.

Thanks!

And I wasnt suggesting you are but was just commenting the issue that would exist if the party without the assets had no mechanism to stop the other from selling their property for 1% of its value.

The short answer is she could apply for an injunction either to stop the sale or hold the cash after the sale to stop it being spent on fast cars, fast women or squandered

Thrugelmir

Your ex could have a restriction placed on the property at the LR. 

frtfge100

Sandtree said:

frtfge100 said:

Sandtree said:

Yes, Section 37 of the Matrimonial Causes Act 1973

She can apply for an injunction to prevent the sale or require the proceed of the sale to be frozen if she can show reasonable cause that you are doing to deprive her of her potential share in the value of the asset. 

The law would be a little weak if it allowed you to sell everything you own for a fraction of its value or give it all away to save having to give her half. There are other routes but the Matrimonial Clauses Act is the easiest and I assume most common.

Just to be clear, I’m not attempting to keep any money that is rightfully hers. She is more than welcome to her fair share of the proceeds.

I’m just wondering if she can stop me selling the house under the circumstances.

Thanks!

And I wasnt suggesting you are but was just commenting the issue that would exist if the party without the assets had no mechanism to stop the other from selling their property for 1% of its value.

The short answer is she could apply for an injunction either to stop the sale or hold the cash after the sale to stop it being spent on fast cars, fast women or squandered

It’s a dilemma then.

Right now I’m in a situation where she refuses to divorce me and will almost certainly stop me from selling the house, so I guess I’m stuck here until the 5 years separation is up and I can proceed the divorce without her consent.

Sandtree

frtfge100 said:

Sandtree said:

frtfge100 said:

Sandtree said:

Yes, Section 37 of the Matrimonial Causes Act 1973

She can apply for an injunction to prevent the sale or require the proceed of the sale to be frozen if she can show reasonable cause that you are doing to deprive her of her potential share in the value of the asset. 

The law would be a little weak if it allowed you to sell everything you own for a fraction of its value or give it all away to save having to give her half. There are other routes but the Matrimonial Clauses Act is the easiest and I assume most common.

Just to be clear, I’m not attempting to keep any money that is rightfully hers. She is more than welcome to her fair share of the proceeds.

I’m just wondering if she can stop me selling the house under the circumstances.

Thanks!

And I wasnt suggesting you are but was just commenting the issue that would exist if the party without the assets had no mechanism to stop the other from selling their property for 1% of its value.

The short answer is she could apply for an injunction either to stop the sale or hold the cash after the sale to stop it being spent on fast cars, fast women or squandered

It’s a dilemma then.

Right now I’m in a situation where she refuses to divorce me and will almost certainly stop me from selling the house, so I guess I’m stuck here until the 5 years separation is up and I can proceed the divorce without her consent.

Really? Not just divorce on the grounds of unreasonable behaviour? Will still have to thrash out the financial agreement but the courts ultimately dont stop the actual divorce itself on the grounds that one party wants it but the other doesnt want to get a divorce. The same will happen in 5 years time when you apply.

frtfge100

Thrugelmir said:

Your ex could have a restriction placed on the property at the LR. 

Can you share any more information about that charge? I can only find informational about the Matrimonial Charge, which seems to be predicated on her occupying the property.

frtfge100

Sandtree said:

frtfge100 said:

Sandtree said:

frtfge100 said:

Sandtree said:

Yes, Section 37 of the Matrimonial Causes Act 1973

She can apply for an injunction to prevent the sale or require the proceed of the sale to be frozen if she can show reasonable cause that you are doing to deprive her of her potential share in the value of the asset. 

The law would be a little weak if it allowed you to sell everything you own for a fraction of its value or give it all away to save having to give her half. There are other routes but the Matrimonial Clauses Act is the easiest and I assume most common.

Just to be clear, I’m not attempting to keep any money that is rightfully hers. She is more than welcome to her fair share of the proceeds.

I’m just wondering if she can stop me selling the house under the circumstances.

Thanks!

And I wasnt suggesting you are but was just commenting the issue that would exist if the party without the assets had no mechanism to stop the other from selling their property for 1% of its value.

The short answer is she could apply for an injunction either to stop the sale or hold the cash after the sale to stop it being spent on fast cars, fast women or squandered

It’s a dilemma then.

Right now I’m in a situation where she refuses to divorce me and will almost certainly stop me from selling the house, so I guess I’m stuck here until the 5 years separation is up and I can proceed the divorce without her consent.

Really? Not just divorce on the grounds of unreasonable behaviour? Will still have to thrash out the financial agreement but the courts ultimately dont stop the actual divorce itself on the grounds that one party wants it but the other doesnt want to get a divorce. The same will happen in 5 years time when you apply.

She denies the grounds for divorce and refuses to consent to the divorce.

After 5 years of separation I can progress the divorce without her consent.