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Husband is stopping sale of house right to dwell

(4 Posts)
MilaRog Sun 17-Jan-16 14:53:46

My friend is unable to sell her house as her husband has what is apparently an occupancy clause/charge on the deeds of her house. He is refusing to sign papers to have this removed.
The house sale is due to be completed in the next 10 days.
What are her options?

The house is in her name solely as it belonged to her and her now deceased previous husband.
My friend's current husband left her 11 months ago and has his own property where he is on the voters register.

Generally my friend and her separated husband get on well but he is apparently wanting to sort out their financial matters before allowing the house to be sold.

Quoteunquote Sun 17-Jan-16 23:38:22

Who does he respect most in this world? A friend, his dad, mum, who ever that person is, she needs to explain to them why it so important that they can complete this point in the process so they can move on to next stage positively. Then they can explain it to him and support him.

Getting him to cooperate is the fast way forward, so don't antagonise him, gentle persuation all the way.

DelphiniumBlue Sun 17-Jan-16 23:45:02

I'm not up to date with current rules, but I think it used to be the case that a spouse had to be in actual occupation to be protected by an occupancy clause. A charge is a different matter - it would depend on its terms. Presumably she has a solicitor advising her if she is in the middle of a sale? Has she actually exchanged contracts?

Fuckitfay Sun 17-Jan-16 23:56:22

It's pretty usual advice from divorce lawyers to put a notice or restriction on the title of a property in one spouse's sole name and not to agree to remove until finances on divorce are fully resolved.
If your friend doesn't have a linked purchase ask if he will agree to remove it if she agrees to lodge all the proceeds of sale with a solicitor, with an undertaking that they won't be paid out unless both of them consent in writing or on a court order. Perhaps with an interim release eg £10k each if she needs money to rent etc.
The house was a matrimonial asset regardless of whose name it was in.

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