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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.

Really want to end it but how to manage before sale of house?

12 replies

Earlgrey19 · 03/07/2020 17:14

I want to divorce my DH, but am currently unemployed. Will be starting a new job in two weeks, but it will be part time and my earning potential is low. DH has quite a high income. We do own our house outright so if we sell that and split proceeds, I’ll be ok. But since divorce in UK means living apart for 2 years I’m wondering how to manage financially in the meantime. I can’t afford to rent. I could stay in family home in meantime if DH agreed to move out and rent. Do people not sell house until divorce actually comes through?

OP posts:
NC4Now · 03/07/2020 17:20

You can divorce on other grounds than two years separation. Unreasonable behaviour, adultery or desertion I think. You don’t have to wait two years.
My ex bought me out of the house and I moved out.

Earlgrey19 · 03/07/2020 18:45

Thanks NC4Now. Hmm, there hasn’t been adultery. DH definitely wouldn’t accept he’s been guilty of unreasonable behaviour, so I’d have to take that on and say I’ve been unreasonable (which I don’t think I have). Guess it couldn’t have any impact on arrangements with DCs.?

OP posts:
3gingerboys · 03/07/2020 21:16

OP you wouldn't be able to put forward your own unreasonable behaviour, he would have to divorce you on that basis. Would he do that (and therefore pay the fees?) Unreasonable behaviour grounds can be almost anything, doesn't have to be anything particularly awful or extensive, can just be that you don't socialise together, don't sleep in same bed etc. The judges really aren't interested in the reasons, it's pretty much enough that someone feels strongly enough to issue divorce proceedings.

With regard to the house, this could be dealt with prior to divorce, but you would need some legal advice on the assets and how they should be split. Once you have decree nisi you can lodge a consent order to finalise finances. Would he agree to move out whilst the divorce and finances are sorted out? Good luck, just going through a tricky battle myself, it's hard but worth it I hope!

Elieza · 03/07/2020 21:32

I don’t think you need to live in separate houses to prove you are separated.

Just separate from each other? Ie don’t sleep in the same bed etc.

Sally2791 · 03/07/2020 21:34

This reply has been deleted

Message withdrawn at poster's request.

Sally2791 · 04/07/2020 21:27

You can be separated in the same house.
Whatever you need to do to get awat

Sally2791 · 04/07/2020 21:28

away!

RandomMess · 04/07/2020 21:30

Unreasonable behaviour doesn't have to be amazing unreasonable...

Lack of affection
Lack of sex
Prioritising work over home life
Too much time spent on hobbies
Not enabling you to have a social life

notapizzaeater · 04/07/2020 21:30

You don't need to be divorced to split the house?

Earlgrey19 · 05/07/2020 15:56

Thanks notapizzaeater, yeah I think that’s what I’m realising. We can just do split of the house ahead of the divorce. The thing is that all our money is in the house. No other assets or savings except DH’s pension. He earns way more than me, my income is low. So I’d need to be sure the split of the house was fair (I’d hope to get more equity than him).

OP posts:
katieg03 · 05/07/2020 16:03

Do you have no children under 16/18 ? If it's just you two, you won't get a bigger share of the equity. Every asset... Cars, pensions, property, goes in to the plot as marital property. You can get a separation agreement done for approximately £500 if financial matters are prior agreed

Earlgrey19 · 05/07/2020 16:30

2 young DC 5 & 3

OP posts:
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