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Urgent advice needed

  • polar
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05 Aug 08 #37753 by polar
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Maybe as a landlord I can throw a minute amount on this. You cannot just evict somebody. Either a section 8 notice or section 21 notice has to be served and the judge has to agree to both. Even then a stay of execution can be granted. So even if it wasn't matrimonial property the owner cannot just throw somebody out. Same with squatters rights. A court order is required to evict and take control of property. So sit tight and dont be intimidated. It may also be a legal point that intimidation is illegal as well. On a downside he can enter the property so hide valuables.!!!!

  • mango
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06 Aug 08 #37971 by mango
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What I can do next? Apply for ancillary relief asap?
I want to know where I am standing now.

  • Mrs Ingledew
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06 Aug 08 #38029 by Mrs Ingledew
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Apply for ancillary relief now. This means everything will be in the courts hands and everything will be controlled albeit very slow!

You cannot be thrown out of "His" house. And the likelihood is he will have to pay you.

Take it easy it is unsettling and often hurtful - but he can't do anything without the court.

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06 Aug 08 #38092 by polar
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Catty, Sit down, draw a deep breath.
He can't just grab the house back. Full stop.
Now read through other posts and build up your position.
If mortgage is joint inform mortgage company. Even they cant just throw you out. You have some time to play with despite threats. Take care. Polar

  • mango
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06 Aug 08 #38113 by mango
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Thanks for all your support.

House and Mortgage on his name only.

He and his solicitor want me to leave "his" house and leave somewhere until financial side will be sorted.
For some reason he is insisted in given him permission to sell this house. He is saying that I will get my 25% share after sell, 75% his.

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06 Aug 08 #38120 by Sera
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catty wrote:

I will get my 25% share after sell, 75% his.


Hi Catty: All property is MARITAL property regardless of whose name is on the Deed. If you haven't got anywhere to go; STAY PUT!!!!

If he's selling it over your head, and you're already divorced; it may be very difficult to get any money from him. However, if you're happy with this arrangement; have a soliciotr act for both of you in the Sale proceedings; and make sure the solicitor knows how they are to distribute the money once sold.

You MUST register your MHR if you haven't done so; you are in a very vulnerable position, and if divorced; and he died, you're NOT his next-of-kin which could create complications for any potential claim.

If you post all your details, ages; length ofmarriage, children, pensions, savings, equity in the house etc; you'll get a better idea of what you may be entitled to.
What he or his solicitor intimidates you into accepting may be far less than your'e due.

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06 Aug 08 #38129 by mango
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Married for only 4 years, but togather for 4,5. House £450, 000, mortgage £26,000, unsecured loan to his father £80,000 (Father paid deposit for his house).My husband owned this house before we got married, no children. His saving £55,000, pension £19,000,investments, trust £250,000 + his small share in the family business.I am not working at the moment, he is earning £50,000.

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