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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Timings of consent order and house selling

5 replies

fresh · 25/05/2019 16:09

H walked out with no notice/discussion last August. We've had very little direct contact since. DN has been granted (I'm petitioner), we have agreed terms for clean break, sols are drafting consent order. House is on the market, we have a buyer. DS2 (20) lives with me, DS1 (23) will need to live with me intermittently over the next couple of years.

I had found something to buy (put in an offer the day after we had accepted the offer on ours, so I'm not being obstructive) but the chain is stalled above me. H is in rented which comes up for renewal in September. Our buyers are now saying they have to move out of rented by end July. Personally I think this is their problem but it raised a couple of questions:

  1. If I sign a consent order agreeing to the sale of the house, and we have a buyer but I can't get in to my new place until the chain starts moving, can I be forced out into rented in July in order to get the sale through?
  1. If I can be forced out, why would I sign the consent order until I knew I had somewhere lined up, i.e. just before exchange of contracts? And if I hold off on signing the consent order, how long would it take for H to force it via court? We're in the south west and our local court is Southampton.

I hadn't appreciated that by signing the consent order agreeing to the sale, I might lose control of the timing of things and be forced out. I'm sure I'll either get the original house or find something else in the next couple of months, and am hoping that it would take H longer than that to get me out via the courts. Similarly, if we lose these particular buyers we'll be able to sell again quickly as house is gorgeous (thanks to me...another story).

I've held it together for nine months but the combination of pushy buyers, dithering sellers and H's solicitor being arsey is just about to push me over the edge. Could do with some perspective please!!

OP posts:
fresh · 26/05/2019 12:17

Anybody out there??

OP posts:
CF43 · 26/05/2019 21:24

Hi, you are not alone.
I am in a similar situation and I don't know the order of things.
I am house hunting and waiting for things to be finished with the solicitors etc, I have no no idea at what stage I can put an offer on a house and how to show that I have the funds to show I am capable of buying it.
My soon to be ex once the nisi is absoluted says we have to be out by the end of the summer hols, but I don't know if this is possible.

fresh · 26/05/2019 21:32

It's that 'have to' which I want to know more about! I don't think you can be forced to sign the sale contract without a court order. And I think they take a while to get. I don't want to hang about, I'd rather get on with my life but at the same time I don't want to be hustled out into rented or into a house that's not right for me and DS. Solicitor on holiday for another week so can't ask him. Might call his assistant on Tuesday just to save my sanity.

OP posts:
CF43 · 26/05/2019 21:38

Unfortunately we are not selling the B.... is buying me out of the house, I have put alot of effort over the years into the house and the lousy lazy ..... has not done a thing. Where as the money can be used to purchase a new property I feel rushed into making a decision into buying. I can not afford to get the wrong house as I have no chance of moving or affording to move again later on in life. My son is 8 but every house to him is nice, he doesn't care so long as it has a garden.
My ex says he will charge us rent if we are not out by september, I can't wait to get out to be honest. It's a big house he has no chance of keeping it clean or in good decorative order, he doesn't even know what day the bins get collected.

fresh · 26/05/2019 23:12

Sounds like you need your sol to build into the consent order a reasonable time for you to find a house once the amount is agreed.

OP posts:
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