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selling a property before divorce

(6 Posts)
itwasthat Fri 01-Jul-11 14:38:33

relationship not going well, divorce on the cards but DH wants to sell property of which my name is not on the deeds. three dc also. is there an implication since we will be going into rented property at the outset

Collaborate Fri 01-Jul-11 15:33:17

Yes. If you want to prevent the sale you can do so by registering a Marital Homes Rights notice. Get the form from the land registry.

Brings divorce a step closer though.

nocake Fri 01-Jul-11 20:40:29

IMHO sorting out the finances if you don't have a property will be easier as property is the thing that most often gets argued over. The money raised from the sale will then go into the pot to be split.

sneezecakesmum Fri 01-Jul-11 23:18:32

If the property has equity then certainly register your interest with the land registry. If H sells up and you rent, that money (which could give you some financial security) could be frittered away in the time you are thinking about divorce. You may want to stay there anyway with 3 dcs after registering your interest now, and this will make things simpler in the future.

Nocake is very trusting in thinking money will go into the pot and not be spent - me, I trust no-one!

mumblechum1 Sat 02-Jul-11 00:00:36

What Collaborate said. You need to register your interest at the Land Registry asap to stop your husband selling over your head.

Although you can download the form and deal with it yourself, there are an awful lot of LR forms and it is easy to use the wrong one. If divorce is on the cards you should really get a solicitor instructed asap and they can deal with registering your interest as a priority.

babybarrister Sun 03-Jul-11 20:14:15

I agree - unless you ex is prepared to place all funds in your sol's account and not touch it and there is no way you could stay in the house, I would advise not leaving ....Please go and seek advice - have a look at the resolution website for expert family lawyers including legal aid ones

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