Online House Hunting

My Husbands ex has registered a restriction against the land on the house they used to share. its for sale?

what can she do we have viewings booked. We know she is going to make it hard to sell as she still lives there and doesn't want to move out. But as we have paid all her bills for the last year we need to get shot of her and the house. Can she have any say in the house sale or do we just have to pay her off at the conpleation of the sale?

Public Comments

1. your state/provincial/national laws control this. Google will help you find them. can't be more helpful without knowing where this is. :-(
2. if she won't sign sales agreement, there's not much you can do. Was anything put into divorce decree about the house?
3. You don't provide enough info. What state/country is the house located in? Was the house disposed of in a divorce? What did the decree say? Is there an written agreement that provides for this situation? What does it say? Is your husband being honest with you about the situation? You need to answer some of these questions. Courts (if involved) generally do not allow these situations to exist because they are so readily abused. It just makes for more trips to the court house. I suspect you don't know everything about the way your husband and his ex split. ** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **
4. what does the divorce decree say??? Your husband can still try to sell it but you need a lawyer in your state to help with the exact laws of your state. Now ifthe divorce decree says to sell the home or she has to get it refinanced in her name, and she hasnt. you can take it to court but expect a battle and delays
5. if she has kids and I bet you she does and they live in the home I would take it easy and understand and go slow life has many turns lets make it easy for everyone and let things fall in their place
6. If the property/land is in joint names (your husband and his ex), both parties (sellers and purchaser) have to sign the exchange document drawn up by the solicitor handling the sale. Until she agrees to the house being sold and signs the necessary documents it can NOT go ahead
7. If she is on the title deeds of the house then she has every right to refuse to sell the house. It would need both of them to agree to sale. Why are you still paying all her bills? There is no legal obligation for your husband to pay anything other than half the mortgage on the house if it is in joint names. Perhaps if she cant afford to stay in the house she will be more keen to get it sold.