House sale going through, no financial agreement yet

[noexercisefan]

Can anyone advise?

Ex and I are separated, he is living elsewhere and we are selling our jointly owned house. The sale is going through with a completion date set for mid April but we have not yet reached a financial agreement. Ex has been very slow to return the acknowledgement of service form so our decree nisi will also presumably take a few weeks yet to come through.

I'm confused as to what to do next - we have a cash buyer and a good offer so it would be mad to delay the sale. Do the funds get held in the conveyancing solicitor's account while we sort things out?

Do we have to wait for the consent order to come through before the funds are released? I need the consent order to show maintenance levels for my mortgage (not buying yet but will want to later this year).

To complicate things, I am moving away from my current area and I'm worried nothing will happen if I'm not chasing up my ex husband. He has not appointed a solicitor, is just literally doing nothing, while I rack up fees and do all the work!!

Any advice would be very helpful, thanks

Is he consenting to the financial order or not and have you paid for and submitted your financial order to the Court?

Hi jiltedjohnsjulie
Thanks for your reply. No, we haven't submitted a financial order yet - it's just what we've been discussing between us. My solicitor has written to him twice but had no response. It's very frustrating! And now our sale looms. Feel that I've already spent a lot defending his threats to take me to court with a prohibited steps order (long story) and I am tempted to now do nothing. I know he wants the sale to go through - apart from anything else, he needs the money so may be more willing to negotiate when the money is sitting, hanging, in an account.

Perhaps you could discuss submitting a financial order without consent with an interim hearing to sort out the house sale?

Hi Jilted
Thanks for the post. To be honest I'm not sure what you mean! Is there any advantage to submitting an order without consent? Does it just mean that I push things along? I'm probably missing something!

I'd give your Solicitor a call in the morning. If you submit your application without consent it does cost more but the District Judge will rule on who gets what and can enforce Court Orders.

My friend has just recently received the proceeds from her house sale during her divorce having sat with her solicitors for FIVE years! Her oh was a twat and delayed everything possible.....