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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.

Selling house process when separating

5 replies

Paperplanes2 · 19/01/2026 11:14

My husband and I are separating at his request. He has addiction issues and is currently abstinent for the past few months however instead of working on himself and repairing our relationship, he wants to separate and sell the house. He also has multiple debts and has just received CCJ for £11,000 which he needs to respond to in the next month.
I need some advice about what order to do things. The house has been valued and he is pushing on with getting it on the market however I am concerned about the debts being taken from the house from my share of the sale of the property, and also as we have not started the divorce process, I am concerned about not having a clean break order in place going forward. I haven’t signed the agreement with the estate agents yet for them to advertise the property as just want to make sure I’m doing things correctly and in mine and our young child’s best interests.
Should we go to mediation to agree finances and childcare arrangements before we proceed with putting the house on the market or can this be done during that process?
It’s hard to navigate this situation when feeling sad and angry about our life being turned upside down.
Any advice would be very welcome!

OP posts:
RandomMess · 19/01/2026 11:18

Are the debts solely in his name? If so they can come from his share of the property.

Have you researched to find a solicitor in your area that gets a good financial outcome for clients in your circumstances - ie the other spouse having ran up large solo debts.

Mauro711 · 19/01/2026 11:36

I think it's definitely worth filing for divorce before you sell the house. Just to make sure that there is a clear paper trail of separation. Otherwise you might sell the house, he pays off his debts when it still looks like you are officially still together and then you split what's left. It might save you some work further down the line.

LondonLady15 · 19/01/2026 23:05

I wouldn’t advise selling the house at all until you have your financial order.
so you need to apply for your divorce, wait 5 months for the waiting period then you can apply for your financial order.
You are putting yourself at huge risk selling and splitting the money until you know how much share you will each receive.
Also and importantly, if you split the proceeds and he spends all of his he will be back for more money in the financial order.

You need to get some legal advice and absolutely put selling the house on hold for now

LondonLady15 · 19/01/2026 23:08

Also to add, unfortunately the debts will likely be seen as debts of the marriage when the money is worked out. All debts and assets are added together as joint. This includes both pensions and savings and debts regardless of whose name they are in.

Tumbler777 · 19/01/2026 23:25

This website is very useful. You really need to be much better informed than you seem to be, a lot of common beliefs are not as set in stone as people think they are.

https://divorce.wikivorce.com/divorce-calculator/divorce-calculator.html

And things don't have to be split in any particular proportion, so long as you both have all the information and you're both accepting of the decision,

You don't say children's ages, but if your husband is a gambler but otherwise quite a fair guy he may be open to letting you have, say 75% of the house equity as he may never pay much child support.

Free UK Divorce Settlement Calculator

When you get divorced what happens to the home? Who will stay in it? Will it be sold? How will the equity be divided? How will pensions be shared?

https://divorce.wikivorce.com/divorce-calculator/divorce-calculator.html

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