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Family home registered in estranged wife's name

103 posts in this topic

Posted

Advice needed!!

 

A long story which I will make short (promise).

 

My wife (German) and me (English) have sadly separated after a long 22 year marriage. We are currently still legally married and going through the one year separation process.

 

My wife moved out of the house with the kids and set up a new life for herself. I have been living in our current house. My wife wants to sell the house that I am living in.

 

So this is the main point; the house is in the name of my wife only. When we moved here from London three years ago we did not plan to divorce and therefore I had no problems with the house and the business just being in her name.

 

My wife has agreed a selling price for the house, plus has given me a moving out date by the 18th January. Now legally can she do this? Although the house is in her name, we brought it together with the money we had in London. We are still married so our assets must be joined.

 

In the end I know that I will move out of here because the house is too large just for me. Yet is it right that my wife can agree a selling price with ought my consent as well as sell the house.

 

Any help on this would be appreciated

 

Thank you

 

Martin

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Posted

I am a bit confused. You agree the house needs to be sold. Are you saying you disagree with the price? I cannot imagine she is selling at a deliberate low price, as this would cut her nose off to spite her face.

 

Or are you just pisssed 'cos she is driving the move and the timings?

 

So what is the actual problem as such?

 

p.s. selling a house in Germany can be a pain in the arse process, as markets are generally flat, so I would have thought better to get on with it and then just split the cash accordingly?

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Posted

Money is very tight at the moment.

 

Do Germany have something like in the UK citzen Advice Bureau?

 

Thank you

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Posted

to Johnny English

 

No I am not pissed of with her wanting to sell.

 

we agreed a selling price, but she accepted an offer on the house below that price, and agreed a moving in date, all withought telling me.

 

thanks

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Posted

How did you find out if she didn't tell you?

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Posted

To small town boy

 

by email

 

we had people look at the house, and I knew that someone was interested.

 

But the agreement and moving in date was not mentioned to me

 

All I got was an email telling me the price and get out.

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Posted

Go see a lawyer and ask for a Erstberatung. It is a fixed price of I think a couple hundred euros. If you compare that to the price of even a modest house, it is worth it to get good advice.

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Posted

zadan, I don't think that you need professional legal assistance. You seem to be living in someone else's property without a lease and - I assume - without paying rent. You knew that your soon-to-be-ex was planning to sell. You received almost three month's notice that you have to move out. You were planning to move out anyway.

 

I fail to see which law you want to invoke to avoid moving out at a date set by the current owner.

 

EDIT:

 

 

So this is the main point; the house is in the name of my wife only. ... We are still married so our assets must be joined.

Wrong. As soon as the house was entered in your wife's name you relinquished all claim to the joint assets used to purchase it.

 

Disclaimer: I am not a lawyer. Please have all legal advice you receive here verified by a legal professional.

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Posted

The key question is if we are still married does she have the right to sell our main financial asset withought my consent?

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Posted

I don't consider the moving out date of mid-January to be unreasonable. There are going to be a lot of arguments down the road, so I don't think this is a fight worth fighting for, given that you basically agree that the house needs to be sold and that you need to move out. I agree with JE that you seem to simply be trying to make a point.

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Posted

 

So this is the main point; the house is in the name of my wife only.

You will have a lot of trouble arguing that point away. Try to get your money out of her after the sale, but regardless of who is paying the mortgage, the house is her sole property.

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Posted

 

Wrong. As soon as the house was entered in your wife's name you relinquished all claim to the joint assets used to purchase it.

 

Surely wrong, even in Germany.

Everything that you accumulated during marriage is jointly owned, even if recorded in only one name.

 

Anyway, OP - consult a lawyer. Sounds like another German whore is about to fuck an expat.

 

PS: It may not have been your plan to divorce when you left the UK those few years ago but I'll bet you my last € it was hers.

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Posted

To Small Town Boy

 

no I am not just making a point, there is to much at risk with the kids wellbeing to be that childish.

 

The house was up for an agreed selling price of 130,000 euro - my wife accepted an offer of 115,000

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Posted

Sounds like you are letting her do everything, either you are at fault or you really need to get a grip and fight a bit more.

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Posted

 

no I am not just making a point, there is to much at risk with the kids wellbeing to be that childish.

 

The kids don't live in the property any more so I'm not sure what the direct link is.

 

 

The house was up for an agreed selling price of 130,000 euro - my wife accepted an offer of 115,000

 

That's not entirely unreasonable. Depends partly on how realistic the agreed selling price was.

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Posted

I will not disagree that I do have a sentimental attachment to the house.

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