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Advice please. Can I sell house before consent order is finalised?

(36 Posts)
user1471530109 Sun 06-Nov-16 16:01:13

I'll try and keep this emotion free and stick to the facts

I would really appreciate some advice if anyone can give it.

We separated after an affair (his) two years ago and going through divorce. Got nisi, waiting to apply for absolute-but sorting consent order.
We hVe agreed everything. He has already signed the house over to me. There is about £50k equity. I have been working in a new job about an hour's commute away. Kids are in school over by new job and I want to relocate to this new area.

Can I put my current house on the market and sell before the consent order is finalised? We have no other assets (he had car), we are not claiming anything from each other. I do earn more than him (but he is self employed so hides a lot of it
My solicitor has advised that there shouldn't be a problem with CO. I would need all money from house to buy in new area near job as more expensive area.

I really want to move. The kids want to move. The only thing stopping us is the bit of paper from the courts. Would I be stupid to go ahead without this?

Thank you flowers

RedHelenB Sun 06-Nov-16 16:21:47

If the house is yours then sell and get on with your life. I was told that as the property was transferred to me before consent order this wasn't a problem. Crack on with consent order though as you might be able to get it through before selling the house.

user1471530109 Sun 06-Nov-16 16:34:23

Oh, thank you, Red . I would ask my solicitor but I am sick of the charges! I've just had another bill for £500.

You have just made my day! My year! grin

PigletWasPoohsFriend Sun 06-Nov-16 16:36:49

Be very very very careful. Nothing is cast in stone until the consent order is sealed.

I know a friend that fell foul of this.

You really do need to check with your solicitor.

RedHelenB Sun 06-Nov-16 16:42:07

I think my sol said that as he had signed the house over it showed intent on his part for me to have it, Have you agreed everything financially with him?

user1471530109 Sun 06-Nov-16 17:36:22

Yes, all is sorted. Well, we have agreed.
I suppose my only concern is the court saying I still need to give him some of the equity (even though we have agreed). His finances on paper less than mine. In reality the same.

His biggest concern is the benefit people cottoning on that the OW is claiming single parent benefits but I can't prove that.

I just want to get on with my life. And the commute is having its toll on the DC (and me).

Thank you though,piglet

RedHelenB Mon 07-Nov-16 13:17:51

As long as you both agree the court cant change it. Has he had legal advice? On paper mine was very uneven but the consent order was signed by as judge no worries. My friend and her ex were called in , judge said it was possible for ex to be granted more but they both said they were happy and it was signed off.

eurochick Mon 07-Nov-16 13:24:01

I do wish people wouldn't give incorrect legal advice on here! A judge can refuse a consent order. Most of the time it will be signed off but there can be exceptions.

PigletWasPoohsFriend Mon 07-Nov-16 13:34:19

I agree euro. That is where my friend got into a whole mess.

RedHelenB Mon 07-Nov-16 17:25:03

He cant refuse it if both couples agree which is the point I was ,making Euro.

MrsBertBibby Mon 07-Nov-16 17:53:44

A judge absolutely can refuse a consent order. VEry rare if both parties are properly advised and in agreement, but perfectly possible.

MrsBertBibby Mon 07-Nov-16 17:56:08

Anyway, is the order all signed and sent in OP? IF so, I don't see the harm in getting on the market. There are risks if you sell before the order is sealed, but they aren't huge.

user1471530109 Mon 07-Nov-16 18:15:11

Thanks, all. I have emailed my solicitor today to ask his advice. No reply yet.
We are at the stage where he is filling financial records in. He hasn't seen anyone legally, but I think has been advised by friends who are solicitors (personally, I think this is bull because often it isn't correct).

I think we both just want a clean break. The issue is, that when he walked out two years ago, the equity in the house was around £30k. He has not paid anything towards mortgage since then at all. And the house is now worth more plus I've paid off more.
Not that he has suggested he wants anything. He knows I want to relocate and is happy with this (happens to be in sane area he is from and his family are there).

I suppose I am worried a judge will question this. I have been advised that even if the court do call us in, as long as ex says he is happy to proceed,there won't be a problem. Of course, he could change his mind last minute...

user1471530109 Mon 07-Nov-16 18:19:13

Oh, just to add. My solicitor has advised him more than once that he should seek his own legal advice and my ex has got quite annoyed about it. He sees it that it is his right to decide.

What do you think....
On paper, he earns about 2/3 of what I do. He has kids 4 days over a fortnight. He has a business I have not claimed on. We have not touched each other's pensions.
He signed house over to me. So at the moment, about £50k (but I actually think it could be £60k as prices are rising v quickly around here).

Without the full equity, I won't be able to buy in new area.

babybarrister Mon 07-Nov-16 18:20:08

I agree with other lawyers on here - yes the court certainly refuse to make your agreement into an order - on what you are saying it sounds unlikely but yes it can happen ....

user1471530109 Mon 07-Nov-16 18:25:41

Thank you, baby.
The consent order seems to have taken ages to write up. I instructed the solicitor during the last part of July (it may have even been June). There have been no obstructions from either of us. I just need to move.

eurochick Mon 07-Nov-16 18:31:30

RedHelen, you are wrong about this.

RedHelenB Mon 07-Nov-16 19:23:38

No I am not;how can a judge impose an order if the two parties have agreed?

RedHelenB Mon 07-Nov-16 19:25:33

The judge's job is to make sure both sides understand the financial implications, he can't force one party to take something they don't want!

PigletWasPoohsFriend Mon 07-Nov-16 19:30:17

No I am not;how can a judge impose an order if the two parties have agreed?

Well both eurochic and babybarrister have said in some instances they can.

babybarrister Mon 07-Nov-16 19:36:42

The judge is not a rubber stamp-rhe judge is being asked to make an order - if the suggested order does not accord with s25 matrimonial causes act then the judge will just refuse to make that order. At that point what normally happens is that the party who stands to gain will back out of the agreement AS THEY ENTITLED TO DO IF THE JUDGE HAS REFUSED TO Make it into an order. They would then be a contested hearing.. In the unlikely event that both parties wanted to stick to the original agreement then there would not be an order of the court - merely an agreement between the parties

RedHelenB Mon 07-Nov-16 19:42:32

That is a very very extreme case though and obviously would not apply here

user1471530109 Mon 07-Nov-16 19:55:46

I hope not shock

So, baby, do you think my solicitor will advice me bot to sell yet then?

I honestly think my ex's concern isn't about getting any money out of the marriage. But rather avoiding any attention on him and his tart's OW's finances.

I've seen a house! grin

MrsBertBibby Mon 07-Nov-16 20:12:15

Your solicitor should advise you not to sell, because that is a no risk decision, whereas there is risk if they say it's ok to go ahead, and therefore if it all went wrong, you would have grounds for complaint.

MrsBertBibby Mon 07-Nov-16 20:12:44

Family solicitor, btw.

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