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House is being sold but not divorced yet

(6 Posts)
whostolethesocks Tue 09-Apr-13 06:36:50

What happens if we sell the house before we have agreed split of assets? Was hoping we'd agree before the house is sold and on the sale we could each take our share of the equity but we haven't agreed yet.

Lonecatwithkitten Tue 09-Apr-13 07:18:36

Have you had any legal advice? Have you had any discussion about the split of finances? Is the house title in both your names? Does your conveyancing solicitor know you are divorcing?
Sorry for all the questions, but it will help to get a picture if where you are in the process.

whostolethesocks Wed 10-Apr-13 06:21:47

We've had a discussion but not come to an agreement on the split of finanaces! Yes the house is in both our names and we are both paying the mortgage at the moment. Not appointed a conveyancing solicitor at the moment as am waiting for an offer. Yes I have had legal advice. Was thinking the consent order would be signed and sorted before the house sale but not sure now. Might get an offer on the house first.....

ivykaty44 Wed 10-Apr-13 06:43:40

are you likely to get an offer on the house before you have both signed the consent form?

NumTumDeDum Wed 10-Apr-13 07:06:16

Your conveyancing solicitor will have to keep the proceeds of sale in client account until there is agreement as to the division if the house is jointly owned. If you own as tenants in common (ie your original transfer deed specified shares) then they will divide proceeds according to those shares unless you jointly instruct him/her to hold proceeds until agreement reached. If it's in your husbands sole name you will want an undertaking (legally enforceable promise) from the solicitor that the proceeds will not be distributed until there is a consent order in place. It can take a while to sell if you are in a chain so you have time to reach an agreement but don't tarry.

Xenia Sun 14-Apr-13 17:05:12

Do be careful. I know someone whose lawyer sent all the proceeds to the ex - I think in error (not sure whose error) and it was pretty hard to get it back.

Could you not just have a meeting this week with your ex and both lawyers and hammer out a financial settlement rather than let it drag on?

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