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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.

Timing for house sale

7 replies

HangerLaneGyratorySystem · 05/08/2022 13:58

How do you square this? As I understand it you can't sell your house until you have what used to be a decree nisi. So how can you do the financial order? Do you sell but not exchange then do the financial submission? I just can see the timeline. Can you put it on the market then ask the buyer to wait 6 months whilst you (hopefully) get the divorce through? Am I making sense?!

OP posts:
Ryah76 · 07/08/2022 23:42

I got the decree Nisi and consent order before putting the house on the market. I have been informed by the Court that I can apply for the absolute now, but have chosen to wait until the sale of our marital home is complete.

StaplesCorner · 08/08/2022 01:33

Thanks @Ryah76 - so did your consent order award in fractions eg you get 60 partner gets 40 of sale? Otherwise hiw can you do the consent order if you don’t know how much you’ll get from the sale?

MooseBeTimeForSnow · 08/08/2022 02:35

You can’t file the financial order until you have Decree Nisi.

millymollymoomoo · 08/08/2022 07:21

Most will state a %

Ryah76 · 08/08/2022 08:00

@HangerLaneGyratorySystem we had 3 estate agents conduct valuations, so we had a rough estimate of what we would be left with minus mortgage settlements etc we then went through mediation and reached an agreement on percentages for the consent order.

Pegs11 · 08/08/2022 11:27

We were already in the process of selling our house before we separated. We are pressing ahead with the sale and I guess the equity will go into a sort of holding account until we have reached a financial settlement. My solicitor says this wouldn’t be the preferred option, but I want the house sold as it’s just one more thing to worry about. And we got quite a good price for it and I’m keen to not lose our buyer, especially as house prices are predicted to fall soon.

Alexis92 · 10/08/2022 13:23

I sought legal advice for my own situation.

Ex and I have been separated for a year and currently both live in marital home. Neither of us can afford to rent elsewhere on top of other bills. House is now under offer and we have both had offers accepted on other prroperties. We get the Nisi end of this month. Solicitor said if house has already sold and we both in new places she can include a cover letter or something in the financial settlement docs confirming house was marital asset, it sold for X which was divided 50/50 and we have both purchased onward properties.

However, ours is a straightforward divorce. Married 5 years at separation with no DC. No other marital assets, no other savings, both have public sector pensions we have agreed to keep for ourselves (mine is probably the better of the two so this works for me)

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