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Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 22600
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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I have been divorced for two years. My wife emptied the property

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I have been divorced for two years. My wife emptied the property whilst I was at work and moved out, she has not been in the premises for those two years but has been cohabiting a flat with the person that she left me for. We have owned the house for twelve years. When she left she placed the house on the market, I agreed to sell. The house was £225k then reduced to £190K and now £169K. There is no equity left in the property and if I sell for less than this I will have a shortfall. I am up to date with the house payments and my ex wife has never paid a penny towards the mortgage. Question: Can I be compelled by my ex wife to sell for a loss? Question: Does she still have a full right of access as she is demanding a key? XXXXX XXXXXson
Thank you for the question. It is my pleasure to help you with this today. Please bear with me if I ask for more information.
Yes, this is the marital home and she is entitled to come and go as you are and have a key. Indeed, she is entitled to move back in.
In the marital split of assets, the fact that she took everything should be taken into account.
You cannot be made to sell the property at a shortfall unless you want to, although very often, there have been problems with the mortgage, the lender will agree to take a shortfall in which case it is worthwhile asking your solicitor to negotiate a little.
The lender will, however, want all the proceeds of the sale.
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Customer: replied 3 years ago.

Thank you, XXXXX XXXXX aware that I can always refuse to sign the contract and that the house cannot be sold unless I agree. I will not leave with a loss after spending a fortune on the place and although not really happy about it I shall leave with nothing if push comes to shove. Less happy about the access, how do I know that she will not remove anything else whilst I am not there or go through my personal and private papers? I will give a key to the estate agent as a compromise and that way she will not need to enter the house

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