Selling home before divorce

[lotsofmumlove]

Has anyone sold their home before divorce financials ?
we are amicable and decided to not sell the home and move on but our own houses … then go through divorce . He’s been very generous and got a 60/40 split of the equity in my favour as I have the two small children most of the time … and can’t afford a home without it basically .

then go through with the legalities and do it as cheaply as possible divorce clean break or whatever to cut ties .

house has sold and I’ve found a property and it’s moving quickly , however I’m not starting to have a panic after reading comments that as we’ve not done anything. To seperate legally he could still make a claim on my house once moved.

i realise doing divorce and financials takes a long time ! Which I don’t have … is there something that can be written up and done in a few weeks that will help when we do actually divorce etc properly

someone suggested sepration agreement and someone else suggested getting the financial consent order done … but don’t get it signed yet until moved

Sorry edit : typo we decided TO sell the house

He’s been very generous and got a 60/40 split of the equity in my favour as I have the two small children most of the time …

Please tell me you have spoken to a solicitor...that doesn'tlook generous to me.

We sold house before we divorced. It was fine, we split 80/20 and it all proceeded as normal and the solicitors just transferred the relevant money to the relevant places on completion. He was buying with his new partner and I was buying alone.

Did you do divorce and financial agreement or clean break 😂 whatever it is now then afterwards

We transferred equity before divorce and just made financial settlement simpler as all was done when we got there (about to sign final settlement now)

We did it at the same time as the divorce. Sold house in 2020 got divorced in 2022!

Same for me.

I moved out, home sold and we got funds back in March. Still going through courts but I was keen to get monies ASAP. We both had to agree to this arrangement before either solicitor would consider processing.

If you're having trouble figuring out how much you should split everything, see if this might help https://iamlip.com/help-guides/the-court-process-of-dividing-your-marital-assets-finances-and-pensions/ I know you think 60/40 is generous but read box 17 - https://iamlip.com/his-money-her-money-our-money-who-do-marital-money-and-assets-belong-to/ make sure you really have taken everything into account to secure yourself and the children xx

Question - my partner and I are thinking of selling our home before legally divorcing. We will split proceeds 50:50 under a private arrangement

Can my partner claim rights to live at my new property once I buy it? I understand he can make a financial claim against it, which is fine, but I don’t want him to have a legal right to live in my new home once I purchase it?

Just my opinion I’m no expert but I would say no.

if it’s solely in your name and they have no right of entry.

as you surmised it could be counted in any financial issues later.

My divorce final agreement finalised Feb 2024, split Feb 2020. We agreed our split of the FMH equity roughly 60/40 in my favour and I bought him out. I then spent the next 2 years worrying he would be able to take my house from me (equally I could have taken his).
We did this before engaging a solicitor I just needed some security, the solicitor was not impressed.
It all worked out OK, our financial order was rejected by the courts for being too generous in my favour initially which was a sickening time (despite us both agreeing) but after some changes and letters it went through.
Basically yes you can do it, it is a risk but if you are amicable and the split is not too far from 50/50 should be ok. Key thing is you have to remain amicable (a very long 2 years not being able to say what you think!)

Thanks WeDeserveBetter.

Question - did he have rights to occupation in your new home, during the period you were not divorced?

Once he bought his house and was off the deeds/mortgage of the FMH I asked for the keys back. He was deemed to be adequately housed at that point.
If he had not got suitable housing even if he was off deeds/mortgage until financial settlement sorted he could potentially make a claim/return to the property so I was EXTREMELY helpful in helping him move - I packed all his possessions even moved everything for him. He had no idea why I was being so helpful!