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Can I sell our house without contacting my abusive ex-husband?

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Comments

  • MyRealNameToo
    MyRealNameToo Posts: 1,839 Forumite
    1,000 Posts Name Dropper
    geriann said:
    So I'm wondering if it's possible to sell this property without contacting my ex-husband?
    I've never sold a property so I don't know what the process is. Do you have to show your ID? Show the deeds that list names? Would I need his signature on anything?
    Is there a way to take his name off the house without having to contact my ex?
    I get the disability rate of Universal Credit & Council Tax Benefit. So I don't have money to spend such things as solicitors. 
    You say it's a joint mortgage but what is the status of the property? In your name only? His name only? Joint Names? Tenants in common? If so with or without a deed? Joint Tenants?

    If his name is on the deeds then he will have to consent to the sale. 

    Your solicitor will do KYC/AML checks on those named on the deeds. They will get the deeds from the land registry as they'll have a subscription 

    No, you cannot deprive someone of their ownership without their consent. 
  • Section62
    Section62 Posts: 10,177 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    geriann said:
    So I'm wondering if it's possible to sell this property without contacting my ex-husband?
    I've never sold a property so I don't know what the process is. Do you have to show your ID? Show the deeds that list names? Would I need his signature on anything?
    Is there a way to take his name off the house without having to contact my ex?
    I get the disability rate of Universal Credit & Council Tax Benefit. So I don't have money to spend such things as solicitors. 
    ...

    No, you cannot deprive someone of their ownership without their consent. 
    To be fair, the OP didn't ask if they could.

  • MyRealNameToo
    MyRealNameToo Posts: 1,839 Forumite
    1,000 Posts Name Dropper
    Section62 said:
    geriann said:
    So I'm wondering if it's possible to sell this property without contacting my ex-husband?
    I've never sold a property so I don't know what the process is. Do you have to show your ID? Show the deeds that list names? Would I need his signature on anything?
    Is there a way to take his name off the house without having to contact my ex?
    I get the disability rate of Universal Credit & Council Tax Benefit. So I don't have money to spend such things as solicitors. 
    ...

    No, you cannot deprive someone of their ownership without their consent. 
    To be fair, the OP didn't ask if they could.

    They said:

    geriann said:

    Is there a way to take his name off the house without having to contact my ex?
    That pretty much reads as taking away someones ownership without their consent to me
  • Emmia
    Emmia Posts: 6,178 Forumite
    Fifth Anniversary 1,000 Posts Photogenic Name Dropper
    geriann said:
    So I'm wondering if it's possible to sell this property without contacting my ex-husband?
    I've never sold a property so I don't know what the process is. Do you have to show your ID? Show the deeds that list names? Would I need his signature on anything?
    Is there a way to take his name off the house without having to contact my ex?
    I get the disability rate of Universal Credit & Council Tax Benefit. So I don't have money to spend such things as solicitors. 
    You say it's a joint mortgage but what is the status of the property? In your name only? His name only? Joint Names? Tenants in common? If so with or without a deed? Joint Tenants?

    If his name is on the deeds then he will have to consent to the sale. 

    Your solicitor will do KYC/AML checks on those named on the deeds. They will get the deeds from the land registry as they'll have a subscription 

    No, you cannot deprive someone of their ownership without their consent. 
    The mortgage is a bit of a red herring, as it was paid off by the OPs parents a while back.


    Really the ownership question should have been dealt with then - as the ex could now go after 50% of the value of the house. Rather than 50% of the difference between the value/sale price and the outstanding mortgage.
  • RAS
    RAS Posts: 36,054 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The OP needs to know if the ex remarried, as that could preclude him making a claim on the house.

    But both parties pensions could be up for sharing. 
    If you've have not made a mistake, you've made nothing
  • mta999
    mta999 Posts: 189 Forumite
    100 Posts Name Dropper
    the OP needs to know whose name(s).the house is registered in at the land registry
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