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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.

Sell house / divorce- which first?

3 replies

Wishfulfilmwatching1 · 21/05/2024 06:42

Does anyone have any advice on whether to sell house / get divorced first?

H and I are separated- we have not yet reached an agreement re: financial settlement and I think we are a number of months/ mediation sessions / solicitors bills away from this.

i currently live in the FMH with the kids (8, 6, 6) and he rents a room nearby. He wants to get house on the market ASAP and for the kids and I to move into rented accomdation whilst we sort finances.

I totally get that our living arrangements don’t seem fair right now- but it was his choice to leave and it’s his choice only to see the kids one night a week.

I am very keen to get divorced / sell house and move on too.

i think it would be really short sighted of me to sell house before we sort the divorce. It would be unsettling for the girls and I (2 moves instead of 1) and it would also remove any incentive for ex husband to pull his finger out and get on with divorce.

Does anyone have any thoughts / experience around this area?

TIA.

OP posts:
Octavia64 · 21/05/2024 06:48

2 moves is one too many.

Moving into rented is really not necessary.

If you aren't able to agree a settlement with him then look at mediation.

But don't move out into rented. It'll u settle the children unnecessarily,

AquaFurball · 21/05/2024 09:52

Do you not want to stay in the family home? If you do can you afford to buy him out of his share? With housing prices at the moment, renting would be probably more expensive than a mortgage and finding something else to buy wouldn't be the greatest deal either. I'd say divorce first, finances can be worked out in settlement. Don't let him force you to move and unsettle your children, he clearly has other priorities than their stability.

Jonathan70 · 21/05/2024 12:55

I think it depends whether you will be renting or buying a new house once finances are settled - what has your solicitor advised you might expect to be entitled to? If you are going to buy a new property once it’s sorted, you might be better to wait until the finances are agreed, as you may end up with less/more than you’re expecting. I assume money is pretty tight if your ex is renting a room nearby (is that why he’s only got the kids once per week? - the reason I ask is because my ex accused me of not having the children for more overnights but it wasn’t possible as there wasn’t room at my parents - where I was living- and the equity in the family house was tied up so they could remain there meaning I couldn’t rent or buy anything in the meantime?)
Id make sure that I knew what outcome I could expect by seeing a solicitor, maximise your earnings and see if there are any benefits you are entitled to, check how much CMS you should be getting and then research buying him out, taking over the mortgage so you can get the house on the market, or him released from the mortgage etc, as soon as possible. It’s the finances that need sorting rather than the divorce - you need a financial order so you can both afford to house yourselves and the children. If you are going to be having the children more, you may need an extra bedroom but he should also be able to rent or buy something that allows overnights with the children eg a 2 bed. He is probably pushing to sell so he can use his share of the equity to house himself in something more than a room, which is a reasonable suggestion when there are three children involved. I would try to get the finances sorted asap and then get the house on the market once you are near to an equitable resolution.

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