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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 33313
Experience:  family solictor with 25 years experience
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I have a notice of home rights under the family law act 1996

Customer Question

Hi,i have a notice of home rights under the family law act 1996 made from my civil partner and above they put charges register.
i have one child 6 years old.the property on my sole name.
my question is :
how can i sell the property if she does not agree,will the divorce or separation help ,we have been married for almost 7 years but she came from Ireland to live in this property in September 2014
she is living now in my property with the child but our relation broken and i use to live somewhere else.i am suffering now and i can not come back to my flat because of the argument .there is no mortgage involved,but at the same time i have no money to afford her in case if we go to court that is why i want to sell it ,it is one bedroom flat worth 260000 sterling.
Submitted: 1 year ago.
Category: UK Law
Expert:  Clare replied 1 year ago.

Hi

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further details first

is it planned that the child will remain in the UK?

Customer: replied 1 year ago.
Expert:  Clare replied 1 year ago.

Where will he live?

Customer: replied 1 year ago.
sorry can we finish the chat
Expert:  Clare replied 1 year ago.

Just to check - you wish to continue with OUT the call?

Customer: replied 1 year ago.
she lives with the mother in my flat
Customer: replied 1 year ago.
hello
Expert:  Clare replied 1 year ago.

If your flat was sold where would your spouse and the child live?

Customer: replied 1 year ago.
i can rent for them flat in london but i need to sell i owe people some money.
Expert:  Clare replied 1 year ago.

How much does a cheaper two bedroom property in the same school area cost to buy?

What monies do you owe and to whom?

Customer: replied 1 year ago.
the cheapest two bed flat in london nw2 will be at lest 330000,
i owe friends the money about 50000
Customer: replied 1 year ago.
I am still waiting.....
Customer: replied 1 year ago.
hi are you still online
Customer: replied 1 year ago.
why there is no reply...
Expert:  Clare replied 1 year ago.

My apologies for the delay I have been offline

Could you explain when you were married and where?

Customer: replied 1 year ago.
i married abroad in syria,and the marriage contract is from that country,
was in july 2006
Expert:  Clare replied 1 year ago.

May I ask why you referred to your wife as your "civil partner"?

Customer: replied 1 year ago.
by mistake ,and also has not been registered in the court .
please i want you to answer my quastion.
Expert:  Clare replied 1 year ago.

Your marriage does not need to be Registered for it to be valid in the UK.

What income do you and your wife each have and could she raise a mortgage?

Customer: replied 1 year ago.
the wife is not working,there is no mortgage i bought the flat cash.we are separated now,
i do not have a job for the time been.
Expert:  Clare replied 1 year ago.

I am afraid that you are not going to be able to force your wife to leave the matrimonial home.

She has the right to live there so long as you are married - and a financial claim on it as well.

Even more crucial is the fact that the family Court will consider the housing needs of the child to be of the utmost importance and that means that unless an alternative home can be PURCHASED then a sale is not likely to be ordered

I am sorry - I appreciate that this is not the news that you wished to hear - please ask if you need further details

Clare

Customer: replied 1 year ago.
hi,thanks for the information you have provided ,
what about if i divorce her.what is going to happen regarding the property.
Expert:  Clare replied 1 year ago.

If you divorce her then your wife can make a financial claim within the divorce proceedings and have the right to remain in the property