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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.

House sale after divorce

34 replies

Powwow401 · 16/01/2021 13:53

Please can someone offer advice or if you have been through a similar experience. My husband and his ex wife separated 6 years ago and divorced 5 years ago. We’ve been married for 3 and a half years and have a 2 year old daughter. The ex wife has finally put the marital house on the market, her choice because she gave up work and couldn’t afford the mortgage. She said she would be better off in rented accommodation because the social would help with rent. House sale has been agreed but how they split the profits of the house is still ongoing.
Originally she agreed to a 50/50 split just to sell the house and so they wouldn’t be financially tied anymore. However we received a letter from the solicitor selling the house to say they had received an email from another solicitor instructed by her stating that she didn’t agree to the 50/50 split. At no point has she communicated this with my husband and refuses to negotiate only via solicitors. But we haven’t received anything from a solicitor and that was the beginning of December. He contacted her to see what she would agree with and she said for now she wants all the proceeds of the sale of the house and half his pension if he agrees now. If he doesn’t agree to this she will take it to court and fight for more. I don’t know what else she could fight for. She’s now signed and collected the keys for her new rented house with her children. The house is due to complete early next month.
They were married for 9 years and my husband paid the mortgage for the duration of their marriage and for a year after they separated. He only stopped paying the mortgage when she moved a new partner in and had a baby with him.
Any idea would be greatly appreciated I’m at my wits end here. It’s been one drama after another with her since we married thanks in advance

OP posts:
Powwow401 · 21/01/2021 13:42

@dontdisturbmenow

She might be entitled to benefits until the house is sold as she can evidence it is I feed up for sale.

Setting up a trust for the kids will be considered deprivation of assets as it will be if she gives away her share of the equity for that same purpose.

It sounds as if she just wants all communication to now take place between solicitors. He needs to respond to hers. Offer whatever he is comfortable with but indeed needs to account for the fact she paid the mortgage solely for 5 years.

We have contacted a solicitor now, we still haven't actually received anything from her to respond to and now she won't gave us the name of her solicitor so we can send her one 🤷‍♀️
OP posts:
Notsosnug · 21/01/2021 13:51

I don’t understand how any court approved a divorce without a financial consent order when there are assets involved. I thought this was impossible?

It means she could have a claim on anything he has accrued since divorce and anything you own too now you’re married as your assets are shared.

And she should be entitled to some of his pension but this should be worked out properly, perhaps by an actuary.

Get a good solicitor

movingonup20 · 21/01/2021 14:01

Should be half the house minus the equity she's paid off as a minimum. Yes she's benefiting from his equity, so that counteracted the interest element

RandomMess · 21/01/2021 14:03

Basically she's being a chancer.

Powwow401 · 21/01/2021 14:15

It's just so frustrating, she was the first one to apparently contact a solicitor, we've waited weeks and still nothing. She won't communicate with him to come to an settlement, even though he's happy for her to have most of the equity. She won't give us her solicitors details or an address for our solicitor to send a letter. I don't know how she expects this to be sorted before the sale is finalised or ever!! If she doesn't feel comfortable doing it between themselves that's fine but she could chase her Solictor (if there is one) or gave us the details. We've asked a couple of times via email and she won't respond so not sure where we go from here. She probably won't respond to a solicitor either

OP posts:
RandomMess · 21/01/2021 14:18

Surely the Estate Agent knows which solicitor is handling the house sale? I would be speaking to them.

Powwow401 · 21/01/2021 14:24

We have spoken to the solicitor handling the sale of the house and all she's said is that until an agreement is reached she'll keep the proceeds of the sale of the house. She doesn't seem too concerned and hasn't offered any advice on how they get there.

OP posts:
billybagpuss · 21/01/2021 14:41

From my understanding (not backed up by any legal degree) the court can only take account of pension contributions made during the marriage so no way would she get half, you mentioned she’s given up her job too so was she working during that time so has some contributions of her own too, or was she sahm in which case fair enough. Solicitor is your best bet, hopefully you can get in touch soon.

RandomMess · 21/01/2021 14:48

Start court proceedings to settle the finances. If she refuses to engage the courts will still make a ruling!!

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