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Divorce,Wills & Property

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  • Divorce,Wills & Property

    Hello everyone,

    I hope I can find some help and advice here.

    I have a large property that I purchased 30years ago with my now ex-wife, that we setup as a bed and breakfast.

    After we divorced we had a contract drawn up in which she relinquished any beneficial interest in the property.

    She also named me as the sole beneficiary in her Will.

    I have since remarried and have been running and maintaining the property by myself, however I’ve come to a point now that I can no longer afford the mortgage repayments, and want to sell the property.

    The challenge I’m facing is that I cannot sell the property without consent of my ex-wife as she is still named on both the mortgage and the title deed to the property.

    Also, she has dementia and has given over power of attorney to her children, who are refusing to co-operate and will not agree to selling the house.

    I’m now faced with the very real prospect of not being able to sell, not paying the mortgage, and having the house reprocessed and being made homeless.

    Oh, and to top it off I’ve just been diagnosed with bowel cancer.

    Is there anything I can do to force a sale given that my ex signed a contract stating she want no interest in the property, has named me as the sole beneficiary in her Will (I’m not sure if she’s made a subsequent Will since then), and that she’s never paid a penny towards the property or the mortgage?

    Many thanks in advance.
    Roo
    Tags: None

  • #2
    I also wanted to add I asked a solicitor and barrister about this and they were very vague about the outcome. The only thing they seemed to be certain about was that I have £5,000 handy upfront to pay their fees!

    Comment


    • #3
      Well, they would be vague until you paid them the £5k fees! They were never going to give you an answer before being paid....

      (Sorry, I can't answer your actual question)
      All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

      Comment


      • #4
        You may be able to bring a claim under s14 Trusts of Land and Appointment of Trustees Act 1996 seeking an order permitting the sale of the property.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment

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