Home rights notice

[steampowered]

But who would buy it with the restriction in place?

You get it removed by reaching a settlement with the wife or going to court

[chiefmegawatty]

Despite me writing to my wife, she won't reply. I therefore cannot negotiate anything with her.

That means that I cannot sell the house.

My idea regarding demolishing the house was to prevent my wife and her boyfriend from getting

any money from the wealth I have accumulated over the past 37 years.

OK I may be cutting off my nose to spite my face. However it seems the only way to cut off my wife's and

her boyfriend's nose to spite their faces.

Should a divorce come about I would end up with enough money to buy half a house.

The state would then expect me to use up the money paying rent.

 

There is an old saying based upon the benefits system in this country.

 

If you've got anything you get nothing. If you've got nothing you get everything.

[f16]

Maybe it's time to stop "Pussy footing" around. ................

"No action. .......... No reaction".

 

Put the house on "The market". Then your "ex - wife" will have to break cover.

 

Then you can come to some sort of an "agreement".

Sell it ; Move somewhere cheaper with your half and "Get back on track" so as to speak.

[BazzaS]

Maybe it's time to stop "Pussy footing" around. ................

"No action. .......... No reaction".

 

Put the house on "The market". Then your "ex - wife" will have to break cover.

 

Then you can come to some sort of an "agreement".

Sell it ; Move somewhere cheaper with your half and "Get back on track" so as to speak.

 

I disagree ... I think it would be pointless.

 

House gets advertised, buyer interested ...

At the first stage of conveyancing the conveyancer checks the land registry ... and advises the buyer to withdraw as they wouldn't be able to register their purchase.

 

It is almost certain any potential buyer will withdraw.

[chiefmegawatty]

Thanks chaps for your comments. I assume because any effort to sell my house would be pointless then my

house is worthless. The value of anything is based upon how much someone is willing to pay.

I am astonished that through a simple and free process, the Land Registry can reduce my house value to zero

and make it totally impossible to sell.

I seem to have no rights at all to the property that is in my sole name.

The Land Registry seem to have more legal influence than a high court judge !!

Rather that work hard to buy my house outright perhaps I should have lived in a Council house,

gone to the pub every night and then claim benefits.

[BazzaS]

Thanks chaps for your comments. I assume because any effort to sell my house would be pointless then my

house is worthless. The value of anything is based upon how much someone is willing to pay.

I am astonished that through a simple and free process, the Land Registry can reduce my house value to zero

and make it totally impossible to sell.

I seem to have no rights at all to the property that is in my sole name.

The Land Registry seem to have more legal influence than a high court judge !!

Rather that work hard to buy my house outright perhaps I should have lived in a Council house,

gone to the pub every night and then claim benefits.

 

You have other options, as described. (Divorce, or court order, or stay in your current house)

 

What you don't get is to sell it and not give your wife her share.

Bleating how the options don't suit you, how you are going to get your house knocked down, and how your house is worthless (when it isn't ) : just make you appear a bitter person with a victim mentality.

 

I've little further to add : you've had plenty of advice but seemed determined to take none of it

[chiefmegawatty]

I have recently said that I can't afford a divorce or a solicitor due to living on a small private pension.

Why do you BassaS find that so difficult to understand?

I have said that legal aid has been withdrawn from divorce cases.

You don't seem to even understand that!

[BazzaS]

I have recently said that I can't afford a divorce or a solicitor due to living on a small private pension.

Why do you BassaS find that so difficult to understand?

I have said that legal aid has been withdrawn from divorce cases.

You don't seem to even understand that!

 

1. Divorce is not your only option.

 

2. Divorce may still be an option.

See previous post, which I quote in full for the 'hard of reading'

 

You can read about how to get a divorce here: https://www.gov.uk/divorce/overview

 

 

Just because you have no income does not mean that you cannot have a divorce. Divorce doesn't necessarily mean you have to pay your wife cash, it can also mean that she becomes entitled to a 50% share of the property. The house would then be jointly owned.

 

What part of the divorce can't you afford?

The solicitor : not needed.

The £410 court fees : reduced for those who can't afford it.

 

So, why would you need legal aid?

 

I'm not sure I'm allowed to give a URL for one particular firm (that a friend used to do just this : a DIY divorce, low cost) but consider googling "divorce online DIY UK"

 

Hence my conclusion (from when taken with the "I'm going to knock my house down" posts) : victim mentality, not willing to look at the realistic options offered.

[chiefmegawatty]

I mentioned legal aid because a couple near here started divorce proceedings about three years ago.

There were differences of opinion between them regarding splitting of assets etc.

They both attended many mediation meetings to resolve their differences of opinion.

The mediation meetings cost £300 per hour.

Legal aid covered the cost back then but is not available now.

Knowing that my wife won't comunicate with me then mediation is the only way forward and

£300 per hour makes mediation out of the question.

 

Having been the only earner during my 34 years of marriage and my wife running off with another man, yes I do feel a victim of the law. I never ran off with another woman but sadly the law doesn't take that into account.

[BazzaS]

I mentioned legal aid because a couple near here started divorce proceedings about three years ago.

There were differences of opinion between them regarding splitting of assets etc.

They both attended many mediation meetings to resolve their differences of opinion.

The mediation meetings cost £300 per hour.

Legal aid covered the cost back then but is not available now.

Knowing that my wife won't comunicate with me then mediation is the only way forward and

£300 per hour makes mediation out of the question.

 

 

If she won't communicate there will be no mediation. Go to the court with a fair (non- bitterness inspired) reasonable proposal.

The court will rule, apportioning the assets.

[f16]

If she won't communicate there will be no mediation. Go to the court with a fair (non- bitterness inspired) reasonable proposal.

The court will rule, apportioning the assets.

 

I have recently said that I can't afford a divorce or a solicitor due to living on a small private pension.

Why do you BassaS find that so difficult to understand?

I have said that legal aid has been withdrawn from divorce cases.

You don't seem to even understand that!

 

Old saying. "You can lead a horse to water. ..... but you can't make it drink"!!!!!

 

"Penny dropping" ???

 

chiefmegawatty.

 

You appear to have a "raft" of options before you. ...... Use one.

Which would appear to be a better option than "disrespecting" BassaS (your post #32)

[chiefmegawatty]

Ok I will put the house on the market and see what happens.

If the home rights notice makes it impossible to sell then the house is worthless

as I mentioned before.

This will be the acid test to discover what my house is worth.

I will report back the results.

[BazzaS]

Ok I will put the house on the market and see what happens.

If the home rights notice makes it impossible to sell then the house is worthless

as I mentioned before.

This will be the acid test to discover what my house is worth.

I will report back the results.

 

Has nothing that has been written sunk in?.

 

You have decided your house is "worthless", and now appear determined to "prove it" by a self-fulfilling prophesy.

 

You already know the almost certain outcome of what you propose, (since I explained it above) : but it "proves" nothing if you don't take the other steps available to you, and is only an "acid test" of your own inflexibility.

 

Your house isn't worthless : your attitude appears to be!

Why post asking for advice if you aren't going to take it & can't explain why you are ignoring it?

If you merely wanted to rant about how unfair life has been to you, don't dress it up as a request for advice, just post in "the Bear Garden"

[chiefmegawatty]

Have you not considered my wife's attitude to be inflexible and worthless by her refusing to communicate

with me? I am living on a small private pension, my wife has a well paid full time job.

Therefore I consider it's her job to apply to the court for splitting the assets, after all she applied

for the home rights notice.

Thanks for thinking I have a worthless attitude.

Perhaps you also think me working full time for 30 years, bringing up four children, paying all the bills, paying the mortgage off, double extending the house and incurring no debt means I have a worthless attitude.

I did all that on one income.

Sorry you seem to have such a low opinion of married men who work hard to keep a wife and family.

[BazzaS]

Have you not considered my wife's attitude to be inflexible and worthless by her refusing to communicate

with me? I am living on a small private pension, my wife has a well paid full time job.

Therefore I consider it's her job to apply to the court for splitting the assets, after all she applied

for the home rights notice.

Thanks for thinking I have a worthless attitude.

Perhaps you also think me working full time for 30 years, bringing up four children, paying all the bills, paying the mortgage off, double extending the house and incurring no debt means I have a worthless attitude.

I did all that on one income.

Sorry you seem to have such a low opinion of married men who work hard to keep a wife and family.

 

My opinion of your current attitude is just that : a reflection on the current attitude you are displaying.

 

I'm not condoning your wife's behaviour, but none the less once she behaves as she has you have the choice : deal with it or just "throw a strop" (and fail to deal).

 

If she is happy with the status quo, expecting her to apply to court is just plain unrealistic. She has protected her right by seeking the notice - she doesn't have to do anything else. The onus is on you if you want to sell the property, not on her. You've had advice on what you can do.

 

Have you considered that your current behaviour is what may limit the benefit from 'all you have done before'?

 

It isn't that I have "such a low opinion of married men who work hard to keep a wife and family" : I have a low opinion of those who ask for advice, won't take it, and bleat of all their woes (while expecting past good deeds to give them carte blanche to behave poorly currently).

 

Are you planning on continuing to dwell on the past and not aiming to move forward by what is actually achievable?

[chiefmegawatty]

I have no reason to believe that my wife is happy with the status quo.

Therefore expecting her to apply to court for a sale is perfectly realistic.

She obviously wants her half so why shouldn't she persue that and get it sorted?

If things were the other way around and she owned the house, I would apply for a home rights notice and

then go to court to get my money. Under such circumstances I wouldn't ignore any communication

from her. She also ran up large debts behind my back before she left, that were later dumped on me.

Sorry you have such a poor opinion of me.

[BazzaS]

I have no reason to believe that my wife is happy with the status quo.

Therefore expecting her to apply to court for a sale is perfectly realistic.

She obviously wants her half so why shouldn't she persue that and get it sorted?

If things were the other way around and she owned the house, I would apply for a home rights notice and

then go to court to get my money. Under such circumstances I wouldn't ignore any communication

from her. She also ran up large debts behind my back before she left, that were later dumped on me.

Sorry you have such a poor opinion of me.

 

"I have no reason to believe that my wife is happy with the status quo" ...... other than her not responding to your communication?

If she wanted her share, more than she wants the status quo, surely she'd respond to your communication.

 

"Sorry you have such a poor opinion of me."

Rather than apologising, you could always do one of the options given to you which might:

a) change the situation

b) as a incidental benefit: improve my opinion of you!

After all : the advice was given because you were asking for it .......

[determindator]

If this helps Chief, I know someone in the same position at present, non engagement by the other party. Point 4 on here https://www.gov.uk/divorce/overview which is this https://www.gov.uk/divorce/respond-to-a-divorce-petition states the other party has 21 days to reply to the petition or it is taken they agree to the divorce. It makes the other party engage and if they decide to ignore the petition, it moves on anyway. The house is now up for sale and the situation is getting sorted. It is sad times and I hope you feel more like starting the process to sort out your situation soon.

 

Another useful link https://www.gov.uk/money-property-when-relationship-ends

[chiefmegawatty]

I have done some research on the legal implications of a home rights notice.

My wife is now legally responsible for 50% of the maintenance and insurance expenses on this house.

She has failed to adhere to these and paid nothing towards these expenses.

Therefore surely the home rights notice should be legally removed.

I don't see how she can have it both ways.

If you enter into a contract agreement and then break the agreement you loose the contract.

[BazzaS]

I have done some research on the legal implications of a home rights notice.

My wife is now legally responsible for 50% of the maintenance and insurance expenses on this house.

She has failed to adhere to these and paid nothing towards these expenses.

Therefore surely the home rights notice should be legally removed.

I don't see how she can have it both ways.

If you enter into a contract agreement and then break the agreement you loose the contract.

 

You might persuade a court not to let her reside, but you are more likely to have the court consider her failure to pay when apportioning assets. Her home right is based in statute law, not contract, so "breach of contract" is s non-starter.

[chiefmegawatty]

Well if she wanted to reside here she wouldn't have left in the first place.

The home rights notice does give the right to reside here however, there is a problem.

I now have a new lady living here so I can see a nasty punch-up happening if my wife wishes

to return here. I have watched women fighting and it's quite amusing.

I am looking forward to witnessing such an incident.

[BazzaS]

Well if she wanted to reside here she wouldn't have left in the first place.

The home rights notice does give the right to reside here however, there is a problem.

I now have a new lady living here so I can see a nasty punch-up happening if my wife wishes

to return here. I have watched women fighting and it's quite amusing.

I am looking forward to witnessing such an incident.

 

Bless: hold that fantasy if it gives you solace.

I suspect it will remain - fantasy.

 

Because, (contrary to your assertion) your wife appears happy with the status quo : having the rights, even if she chooses not to insist on her residence right.

 

Perhaps all she wants is the share of assets the law allows her?

Perhaps she has found you bitter & determined not to give her her share, so obtaining the home right allows her to stake her claim and let a court decide, avoiding having to engage with you, so avoiding an emotional drama??

[chiefmegawatty]

Well she ran off with another man. I never ran off or had any involvement with another woman.

The law seems to be against me on all aspects.

The home rights notice protects everybody and everyone except the person who worked for 30 years

to buy and extend the house in good faith.

Seems that the only way forward is to marry another woman who has money, then divorce her

and take her to the cleaners. That is against my principles but the law thinks otherwise.

[BazzaS]

 

The home rights notice protects everybody and everyone except the person who worked for 30 years

to buy and extend the house in good faith.

 

The home rights notice grants the right to your spouse / (for a civil partnership : your partner).

 

Relationships break down. The law allows for one partner (who may have contributed, non-financially) to be protected. The law doesn't make moral distinctions about the cause of the relationship breakup, but it will look at the intent & contributions by the couple.

 

As for : "Everybody and everyone except...." : just how many people are you married to?

How does the home rights notice affect "everybody and everyone"?

[chiefmegawatty]

The Wikivorce divorce advice forum said something about the Home Rights Notice does not protect the person

named on the deeds who owns the house.

That's why I assumed that the law protects everybody and everyone except the person who

worked and paid for the house.

I am only married to one woman, you seem to be implying that I am into bigamy.