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I have a notice of home rights under the family law act 1996

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Hi,i have a notice of...
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
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Answered in 1 minute by:
12/4/2015
Solicitor: Clare, Solicitor replied 1 year ago
Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 34,503
Experience: family solictor with 25 years experience
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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?

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Solicitor: Clare, Solicitor replied 1 year ago

Where will he live?

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Customer reply replied 1 year ago
sorry can we finish the chat
Solicitor: Clare, Solicitor replied 1 year ago

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

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Customer reply replied 1 year ago
she lives with the mother in my flat
Customer reply replied 1 year ago
hello
Solicitor: Clare, Solicitor replied 1 year ago

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

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

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Customer reply 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 reply replied 1 year ago
I am still waiting.....
Customer reply replied 1 year ago
hi are you still online
Customer reply replied 1 year ago
why there is no reply...
Solicitor: Clare, Solicitor replied 1 year ago

My apologies for the delay I have been offline

Could you explain when you were married and where?

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

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

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

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Customer reply 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.
Solicitor: Clare, Solicitor 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

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Customer reply 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.
Solicitor: Clare, Solicitor 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

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Clare
Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 34,503
34,503 Satisfied Customers
Experience: family solictor with 25 years experience

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