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

Thrugelmir

frtfge100 said:

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.

Link.

https://rightsofwomen.org.uk/get-information/family-law/marriage-your-rights-to-your-home/

frtfge100

Thanks but this only seems to apply if she is occupying the house and wants to protect her occupational rights. 

Sandtree

frtfge100 said:

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.

And she has the finances and will to go through a contested divorce? A friend does family law and she says there are many cases where the client is initially against the idea of the divorce etc but in practice its less than one a year that go against her advice to not contest the divorce with the main exception being religious grounds

GoogleMeNow

Thrugelmir said:

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

OP please check your title deeds.  Is there a Home Rights Notice registered on the property?  Your ex-wife may have placed the restriction on the title before leaving the matrimonial home.

frtfge100

GoogleMeNow said:

Thrugelmir said:

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

OP please check your title deeds.  Is there a Home Rights Notice registered on the property?  Your ex-wife may have placed the restriction on the title before leaving the matrimonial home.

I bought a copy of the latest title register yesterday, no charge from her.

74jax

Why don't you divorce on unreasonable behaviour? 
You can also use desertion. 

Why wait 5 years?

https://www.citizensadvice.org.uk/family/how-to-separate1/ways-to-end-your-marriage 

GDB2222

The court can issue an injunction, but it won’t necessarily do so. Are you simply looking to move home - similar price and mortgage? If so, the wife’s position won’t be harmed. 

You may have to negotiate and put in reasonable protection for your wife - for example, giving irrevocable instructions to your solicitor to hold the sale proceeds for the purpose of buying the new property.

The starting point would be to discuss this with your wife. 

Elliott.T123

Can you not just sell without her knowing, she cant stop what she isn't aware of. It obviously depends on how hot the property market is in your area but in a lot of places currently demand is well above supply so find a good estate agent and agree that the property will not have a sign outside or be advertised on rightmove etc, it will be proactively targeted to buyers that way you could have sold it before she even knows it was on the market.

GDB2222

Elliott.T123 said:

Can you not just sell without her knowing, she cant stop what she isn't aware of. It obviously depends on how hot the property market is in your area but in a lot of places currently demand is well above supply so find a good estate agent and agree that the property will not have a sign outside or be advertised on rightmove etc, it will be proactively targeted to buyers that way you could have sold it before she even knows it was on the market.

The risk is that she finds out. In such underhand circumstances, she would have no problem getting an injunction.

If she has any sense, she has a Land Registry email alert set up on the  property. She will be notified as soon as the OP starts dealing with it. Anyone can set these alerts up on any property, without the owner's consent or knowledge.

Snookie12cat

scoot65 said:

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

Won't work. I didn't have a for sale board but people browse Rightmove... She will find out.