[Solved] Selling joint owned home from under me?

Maybe the organisation Shelter could give you advice - they're experts on all housing matters... http://www.shelter.org.uk/

Paul - that's a fantastic lead. Thanks.

https://scotland.shelter.org.uk/get_advice/advice_topics/families_and_households/relationship_breakdown/rights_if_you_or_your_partner_own_your_home/selling_the_family_home

I'm in England but it's likely the situation is the same. I've found Shelter Scotland useful before. The English branch doesn't seem so accessible.

This is actually quite an interesting question. Other readers might find this link useful:

http://forums.moneysavingexpert.com/showthread.php?t=3653747

Hello staggered,

I would be astonished if she can "sell the house out from under me" particularly if you are named on the Deeds or have a joint named mortgage (which you appear not to have).

Your wife appears to be trying to take full control of the situation, this I would not allow her to do.

Do not move out of the house!
Staying in your home will give you negotiating power and lessen her control. You will then be on more of an equal footing with her to come to a compromize which will then be fair to you both.

You have a life to live after all this is settled and need to be forward thinking as to what your domestic situation and your financial liabilities (child maintenance etc) will be in the future. These need to be calculated into the equation with regard to selling the house.

The fact she has been the one to move out and has provided a home for the children indicates to me that you could (depending on your financial position) take out a mortgage on your home and release some equity to be able to pay her, her share. With her moving out, I am of the opinion you may have more options available to you than you realize. The consequence of this is that she may be extremely angry that you will not submit to her suggestion but remember you have a life to live and financial responsibilities to your children after all of this is sorted out.

I would strongly advise you seek legal advice to acquaint yourself of ALL options available to you before entering any agreement with your wife.

Many thanks MotherofAFather - I have an appointment with a solicitor on Monday. My first.

It's hard to now where she is coming from. From what I have picked up from one of our children she is in pieces emotionally crying an awful lot. But listening to her on the phone she sounds hard as nails BUT in a very nice way lets be friends kind of way. Other signs are she is working up to a non-molestation/occupancy order against me by pretending to be frightened to come to the house but oh no not at all.

Want her back badly but my protective shell is on today despite friendly conversation yesterday.

Is it worth the two of you going to Relate?

Moaf has given you sound advice there, you must be very careful if you think she may be gearing up to take a non mol out against you. I advised before that you shouldn't leave the family home when they come round to pick up some things... it would be helpful if you could arrange for a third party to be there, or record the visit for your own safety. You can do this covertly, or be open by letting her know that she is being recorded for security reasons for the protection of you both.

All the best

You've been given good advice from everyone here. I would definitely get yourself some advice from a solicitor.

Thanks guys.

Sorry I haven't replied sooner but no access to a PC.

Mojo - I'm sorry, I don't remember you advising not to leave the house when she comes round to pick up stuff. What is the reasoning behind that, please? I would have thought there was less risk of trouble if I agreed to keep out the way.

Hi

I think you made two similar posts so the replies have probably been separated.

The reason behind advising you not to leave the house is because you could find she will take back residency, change the locks etc and expect you to leave. She could also apply for an occupation order.

I agree with Mojo that you shouldn't leave when she comes around. Offer to stay in another room or you can ask the police to attend. You can also covertly audio record any conversation if you think that might be necessary.

I don't think in these situations you can be too careful. Sadly, many of our dads here have ended up in horrid situations because they didn't believe their ex was capable of screwing them over to get their own way.

Thanks, Yoda.

As it happened I saw the post on the other thread straight after posting this.

Your comment about what an ex is capable of - it's staggering. This whole process and everything I read - it's just staggering.