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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.

What to do

1 reply

NotMyCatOnTheMat · 01/08/2024 02:42

Heading for divorce and I can't work out what I should do with my buy to let. Ideally I'd hang on to it to regenerate income but realistically both the BTL and family home will need to be sold to enable both of us to buy elsewhere.

Ideally both would be sold at the same time and we would both find somewhere new to buy to coincide with the sale of the family house. But the market is dire, there isn't much about.

If I sell the BTL first, that frees up capital and takes the financial pressure off, while we sell the family home and find new homes. But that could take forever and I'm worried STBXH will drag it out and the money from the BTL will just get frittered away on a mortgage and bills that we can no longer afford whilst we find somewhere.

If we sell the family house first I could move into the BTL but... it would be temporary as it's not suitable long term, meaning an extra, disruptive move for our autistic child and I would have to fund an empty property whilst the family house is sold. Plus I'd likely have to pay extra CGT when I eventually sell it given that the government is likely to increase CGT in the next budget.

Am I making this more complicated than it needs to be? Someone talk some sense into me as I can't see the wood for the trees. The whole thing is overwhelming but the current situation can't continue.

OP posts:
LemonTT · 01/08/2024 11:25

You can sell both the properties at any time and have the money held by solicitors or in an account until you reach a settlement. As to whether you need to fritter it on mortgages and bills - this is an odd statement. Those are necessary living expenses. If you cannot cover them from income then you both need to cover them from savings or assets.

Have you both talked about how you are going to split your assets. Remember the BTL is a joint asset until or unless decided otherwise. You will both be entitled to a share of assets and you will both have needs in the interim and post divorce.

Two reasonable and objective adults can quickly sort out the split of assets. Without spending a fortune or arguing the toss. They don’t even have to like or respect each other. They just need to be realistic and focused on their future and what is important.

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