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House sale completion before divorce finances agreed?

(6 Posts)
Hermonie2016 Wed 04-Jan-17 19:29:19

I am going through a divorce, early stages and mediation will commence soon.The house has an offer and potentially short chain so could complete in a few months.

I want to try mediation but if ex is unreasonable it will have to go through solicitors/court.

What would happen to the equity if the house sells and no agreement reached on splitting equity.It's south east so reasonable ££ involved.

I don't want to feel pressurised to agree in mediation a split as I suspect ex will not be fair and my gut instinct is it will end up in court.He is a high earner and I am relatively low earner in comparison, we also have DC who will mostly live with me.

I am happy for the house to sell as I will be relocating but my plan was to rent until finances agreed.

Anyone been in this situation? Do solicitors just hold the balance or can we do an interim split without it influencing the final settlement?

Collaborate Wed 04-Jan-17 23:27:36

If you can't agree on where the solicitors acting in the sale should send the money on completion they'd have to hold on to it until there's a court order.

mumblechum0 Sat 07-Jan-17 09:22:24

As Collaborate says, one of ghe sils will hold the money (mKe sure ir's on a designated client account so you get some interest). Usually you can agree that each of you take a little £ out for a rental deposit if necessary

mumblechum0 Sat 07-Jan-17 12:21:45

Sorry for typos, hope you got the gist

Newbrummie Wed 11-Jan-17 15:09:22

You can get an order to freeze the money, I'm sure I've seen it online because in theory it could be released to either of you. The solicitor cannot hold onto money if the other issued a St story demand for example

mumblechum0 Wed 11-Jan-17 16:11:36

A S37 Avoidance of Disposition Order is usually only appropriate where there is an imminent threat of money being hidden away.

In 25 years as a family lawyer I've never seen a statutory demand issued in these circs.

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