Selling family home before divorce finalised

[HardySloth]

Hi my ex and I are divorcing and finalising bits for our consent order, I want to sell the house because I need to free up equity to have my own place, I can’t afford to rent anything and he is stalling on everything. We’ve kids and having equal custody but he refuses to agree to respectfully be out of the house when I have kids, or come up with any arrangements that are good for the kids. Does anyone know if we were to sell the house /put it on the market now without the paperwork signed and in place if it’s a bad idea? The idea of waiting while he is stalling is not appealing… I have read conflicting advice, but am assuming if there was a solicitor who could hold the proceeds of the sale and divide those out to us it might work?

My ex sold the family home.
Proceeds were indeed kept by the solicitors.
You won't be able to buy.
Unless you have our side sources.

It's a hard place to be.
Good luck.
X

Thanks for replying. Why wont I be able to buy?

You can sometimes I did. But you would need an interim financial order covering the house sale. And the other side has to have a reason to agree - in my case is having a buyer but me not being willing to sign or move out until my purchase was secured.

thanks what type of financial agreement was this exactly?

Unless you have funds not associated with the sale of the family home?
The funds from family home will be kept until the financial agreement is done.

Sorry to chip in but can I ask why the proceeds can't just be split and distributed before the divorce is finalised (assuming both parties agree?)

I am currently waiting for our consent order to be issued but we have already agreed a sale on our house and that we are both happy with 50/50 split.

Sorry if I've misread but are people saying the conveyance solicitor won't distribute the proceeds if a financial order hasn't been agreed?

You need either the final financial order or an interim one which covers the distribution of a limited number of assets.
The final divorce order should always come after the final financial order.
I suspect if I had suddenly inherited a lot of money, the whole thing could have been open to renegotiation if that had been before the final financial order.

It's possible you just have to get an agreement signed saying you both agree to the proceeds being distributed and acknowledge the risk that if a financial/consent order was subsequently rejected the ramifications of that. Solicitors will advise against it as that is their job but it's possible to do if both parties agree.

Hi. We sold our house and I obtained funds prior to divorce being finalised. This allowed me to pursue purchase of a new home.

Good luck 🤞

This is very welcome news. It can be done!

I did it as well. But it all happened before l applied for a divorce.