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Home Rights Notice

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hammerman | 16:31 Fri 05th Jan 2018 | Law
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Quick overview. Split up from wife in August, no dependants, mortgage in my name only, no divorce proceedings in place yet, i've moved out and she's still living there although she doesn't contribute to the mortgage.

House was sold subject to contract this week and i've instructed a solicitor to act on my behalf today.

Just found out wife has put a home rights notice on the house, which is the first i've heard of.

She wants the house sold ASAP, as do I but can this notice affect the sale? I've never heard of this before but if anyone can explain what it's all about....preferably in "thickton" language, it would be most welcome.

Cheers guys, HM
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Yes this notice will affect the sale - it will prevent it. However, if you can both agree that it is to be sold and your solicitors "undertake" to hold the proceeds pending agreement or order of the Court she can remove the notice so the sale can proceed.

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