Do I have the right to sell a jointly owned property?

GetLost

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2010: I separated from my husband

I remained in the family home with the children (3).
Separation agreement in place together with a deed of waiver with regard to property.
Me - the family home. Him - Holiday home. We were both working and in full-time employment.

2012: He is seriously unwell.

2013: Receiver appointed on the holiday home. (His home but he never/couldn't removed me from the mortgage. Receiver disappeared although keys were returned etc.

2017: Bank wants me to put the holiday home on the market and when an offer is in place they will deal with me.

Im currently not working and paying Interest only on my family home. I have always tried to work with the Bank on the holiday home and have outlined my position to them.

My query is - do I have the right to do this - can I put his home on the market as I've waived all rights....
 
What exactly are they asking you to do?

If two people own a property, then they must both agree to sell it. He can't sell it without your consent, and vice versa.

Does he want to sell the holiday home?

You and your ex may have done a side deal on the holiday home. But your side deal does not affect your obligation to the bank. You still owe them the money jointly and severally.

Brendan
 
The Bank want me to put the house on the market for sale, I don't know if I have the right to do so base on the waiver.
I renounced my interests. Of course I understand my obligations with regard to consent and Im not ignoring that or my ex's consent either.
 
I don't know what your question is.

The joint owner must consent to you putting the house on the market.

I don't know what happens if he is not capable of giving consent.

The lender should probably seek an order for possession and you agree not to object.

But you should not do so unless the lender agrees to do a deal with you on the negative equity.

Brendan
 
Thank you for the response Brendan apologies if I did not make myself clear.
My query was specifically with regard to the Deed of Waiver - Im worried about my legal exposure (to my ex) down the road.
 
Sorry GetLost

This is just too complicated. It's complicated in itself and you are only feeding us some of the details and even then in a piecemeal fashion.

You really need to get your solicitor to advise you on what to do. Ideally the solicitor who drafted the Deed of Waiver.

Brendan
 
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