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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.

Advice on house capital once it’s sold

5 replies

thebeachismyhappyplace2 · 31/08/2022 21:59

Split from husband, not yet divorced. House due to be sold next month. Cannot agree on financial settlement and ex is being really unreasonable considering I gave up work to look after kids for 10 years hence lost earning potential and now on minimum wage working in a school. We cannot afford to fight this out legally.

When I saw my solicitor yesterday for advice she told me that because the house is solely in my name that this changes everything. I have complete control over the money as once house is sold the money will go into my bank account. She said she wouldn’t usually tell anyone to do this but I have 2 kids to think about, one of whom is autistic.

Obviously I am still planning on giving him some money but I will take what I need first to be able to afford a 2 bed flat (can only take out a small mortgage)

She said at worse he can take me to court but court likely to favour me anyhow.

does anyone have any knowledge or experience on this situation as don’t want to get into trouble.

by the way just to say I wouldn’t usually do something like this but ex is a compete narcissist as has not once had my best interest at heart! He has been awful.

OP posts:
millymollymoomoo · 31/08/2022 23:12

That’s terrible advice

regardkess of whose name it’s in the house is a marital asset! It’s not yours to do as you please and it’s not yours to just take the capital

yiu need to reach an agreement either mutually or through the courts !

you are likely to be awarded a higher share potentially but do not follow this advice!

Scareystress · 01/09/2022 06:42

Also quite shocked on that advice - is this a family lawyer?

Is HE not getting any legal advice?

if so, surprised he has not been told to register matrimonial rights to the property - that would prevent you from selling during proceedings.

www.divorce-online.co.uk/blog/what-happens-if-the-house-is-in-the-name-of-only-one-spouse/

thebeachismyhappyplace2 · 01/09/2022 07:32

He has stolen 22k from me. Money that was owed to both of us from my mum following a house renovation we all did together. The money was paid into his account and was supposed to be used to pay off our joint debts. He has now decided to keep this money as is claiming he needs it for his business. So it’s not really any different what he has done. I have proof of this too should it go to court.

What is the worse that can happen if he takes me to court?

OP posts:
gogohmm · 01/09/2022 07:40

The money transferred into my name. On divorce (still being processed) I will transfer his settlement into his account (he hasn't even told me where because all were joint until we split). I didn't work for 8 years and have an autistic dd, extended child support (she's an adult) is separate to the financial settlement. I'm getting 60% of the house plus half his pension plus £500 spousal to cover the extra cost of housing dd (she gets student loans and her dad tops it up directly). I'm holding onto the money until the divorce is finalised he asks for it though!

millymollymoomoo · 01/09/2022 08:44

Well the flat you buy in your name with the proceeds of this sale will still be included as a marural
ssset - you could in theory be forced to sell that to provide settlement!

tiu both need to reach agreement and if necessary go to fdr. It really will not stand you in good stead to take this approach however annoying g and dishonest he is! Do it properly and get a share awarded based on your needs in the correct way. You can’t afford not to do this imo

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