i want to sell my house with out my ex wife knowing about it and with out her lwayer knowning about it too as she is not on any of the paper work the house is in my name only and so are all the bills plus we have been married only 18 month and she has moved out oh and can i do this
2007-05-27 12:52:05 · 17 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
oh and she is not on the deeds the house is in my name only
2007-05-27 21:44:34 · update #1
Hi Simon.
In the UK
It is possible but you have to be careful. The fact her name is not on the deeds means nothing, she could possibly claim an equitable interest in the property.
If you can do it as a private conveyance instead of selling through an estate agent it may be possible but if she gets wind of the sale then woe betide you.
2007-05-27 22:48:20 · answer #1 · answered by LYN W 5 · 0⤊ 0⤋
More info needed.
You may be the sole legal owner, but there are two types of recognised ownership - legal and equitable. Does your wife have an equitable interest in the property? If she contributed to the deposit, mortgage or even above and beyond the equivalent of rent, the Court could easily find it, as such.
She may have registered such a charge over the property on the Land Register - you'd need to get that checked out.
Are you about to got through divorce proceedings, or have you been through and a settlement reached? Because that adds even further complications to an already difficult situation.
If I were you, I really wouldn't go ahead and do this without consulting a solicitor - you haven't given much info, which would ultimately determine the outcome - but if you get it wrong, it'll cost you a fortune to put right, and you may have to pay damages to your ex-wife, on top of any share of a beneficial interest in the property to which she may be entitled.
Think about it seriously and all the best.
2007-05-27 14:01:34 · answer #2 · answered by . 4 · 0⤊ 0⤋
If you are in the UK and you have not gone through the divorce proceedure, which I suspect you haven't, as you want to keep things quiet from your wife. You can sell your house as it is in your name, but the crunch comes when your solicitor asks you to fill in the details as to what property was yours and what was your wifes.Also she will see on those papers a new address.
Whether the house is in your name alone or in hers as well, she is still entitled to half of the marital home including contents. Not only that dependant as to whether your wife ever gets married again she could have a claim on your estate in the event of your demise. If she were not ever to marry again she would be entitled to a share.
You really need to go and get advice from your solicitor before you do anything. He is the best person to advise you.
2007-05-27 13:19:32 · answer #3 · answered by ? 5 · 0⤊ 0⤋
I think you know the answer to this and there is no legal way around dodging your wife's legal entitlement to part of the marital estate. Remember, you still had ( or have ) a marriage and the breakdown of that marriage means she has considerations I am afraid. The circumstances may well make you feel that she shouldn't get anything but it will catch up with you. Honestly, you should be asking a solicitor about this and face facts .....
2007-05-27 13:12:05 · answer #4 · answered by Anonymous · 0⤊ 0⤋
You refer to her as your ex-wife, but is your divorce actually final? There's no way you can sell a home "secretly". Property transfers are public documents. If your divorce isn't final yet and you're trying to do this on the side so she doesn't get any of the profit, you could find yourself in some trouble when they DO find out, which they will at some point.
2007-05-27 12:57:43 · answer #5 · answered by icy_tempest 5 · 3⤊ 0⤋
Legally, if it's in your name you can sell it whenever you like, provided that she doesn't still live there, and provided that you haven't made her leave in order to sell. Your wife, if you are still married does have a claim on some of the profit if there is any. That however would be answering a different question.
2007-05-27 13:03:36 · answer #6 · answered by Nev 4 · 2⤊ 0⤋
it depends on if she is still on the deed, if so there is no way she will have to know. if she has a claim against it, like in your divorce decree than you will want her to know other wise you will be held in contempt of court and ...... well you don't want to do that. outside of that. list it privately through a local real estate agent, instruct them not to post a sign in front. serious buyers will still see the place via the agent and she will not have to know the difference until she See's a new family there
2007-05-27 13:39:07 · answer #7 · answered by Anonymous · 0⤊ 0⤋
If you live in the U.S. and purchased the home before the marriage, then you have every right to sell the property as it is not marital property.
HOWEVER, if you are in fact not divorced yet, and you withhold the information from the court, you will be committing fraud with th requesite civil and criminal penalties.
2007-05-27 13:04:08 · answer #8 · answered by hexeliebe 6 · 1⤊ 0⤋
I would consult my lawyer before making any moves like that because the judge may rule that she has a right to the house even though it is not in her name and then you may have to share the money. Where if you remain living there until the divorce is finalized she will not have any claim to the money when it's sold.
2007-05-27 13:05:14 · answer #9 · answered by Britni 3 · 1⤊ 1⤋
Depends on when you acquired the property and the laws of the state you are in.
Can you say "Community Property". Would hate to see you go to jail over a few bucks.
2007-05-27 13:00:40 · answer #10 · answered by Stand-up philosopher. It's good to be the King 7 · 1⤊ 1⤋