My marriage has broken down after 21 years and have two children aged 17 and 20 who both still live at home. I have paid the mortgage and all the household bills for those 21 years and mine is the only name on the Title Deeds. Can I sell the house without my wife’s permission?
If you and your wife have separated or your marriage has broken down then, unless you have reached a specific agreement between yourselves, all assets owned by you individually and jointly are technically in dispute.
It would therefore be inappropriate or unadvisable for you to attempt to sell the property without your wife’s consent as you would only be making matters substantially worse, particularly if your adult children continue to live with you at home.
This does not, of course, take into account in any way the alternative accommodation which you and your adult children will require. It is quite possible that your wife’s lawyers may well have registered a Restriction on the Register of your title which will prevent any dealing with the property without your wife’s knowledge.
There is nothing to be gained by trying to dispose of the asset without your wife’s knowledge as you are technically on notice that it forms part of the matrimonial property which is in dispute.