Can house sale go ahead before divorce response and financial order?

[Username65776]

I filed for divorce from my husband at the end of June and he still hasn't responded. He initially tried to do it online but is not very computer literate so just left it.
He has been concentrating on the selling of the house. I am still living in the house, he is living with a relative. He bought the house but i did a hr1 form a couple of years ago. I had an initial solicitor appointment before filing and was told he cannot sell without my permission.
I have told him that nothing will happen until he has responded to the divorce and a financial order is sorted out.
He apparently had a solicitor appointment yesterday but is being a bit cagey about it. We are fairly amicable at this point.
I just need someone to explain the process to me. Im guessing he responds, we agree on the financial stuff, then the house goes on the market etc. He seems to think he can just steam ahead with putting the house on the market without responding to the divorce.

Yes of course, it’s actually easier if you can come to a full agreement having sold the house, write it all up by a solicitor then its simply filed to the court, it’s what I did. It sounds like the issue is that you haven’t come to a financial agreement between yourselves, the only people that win in those circumstances are solicitors!

No he can't just sell it . It is a marital asset . If you are joint tenants with your name on the deeds he can't sell it without your agreement. And his solicitor will tell him that . And no estate agent would touch it in this situation. He's being ridiculous.

If it goes to an estate agent - you ring them and inform them that you have a joint tenancy/hold on the house/legal agreement I.e whatever the situation is.

and no you don’t sell it beforehand unless you’re certain that money is safe with solicitors etc

I think there’s several
things here

1. it sounds like you’re not on the deeds hence the hr notice. This will make him selling the home challenging but not legally impossible. It flags up a dispute with land registry and most mortgage lenders /buyers will require it removed ahead of completion. But it’s not impossible

2. a house can be sold ahead of divorce if you’re amicable or if you agree in principle. monies can be held in escrow or shared ahead of completion of divorce or settlement

3. it’s not usually wise to do so because if parties disagree or if consent order seemingly unbalanced and judge refuses it it usually makes this more complicated

that said we sold ours and split the money then sorted out consent order afterwards but we’re amicable and not disputing anything

The fact it’s a joint marital asset does not prevent him as the sole owner ( assuming so by the HR notice) selling - but you as spouse are entitled to the proceeds being included in the pot division

The last response is the correct one.

I think a few different things are getting mixed together in the replies here! The divorce, the house, and the financial settlement are all linked, but they don't strictly have to happen in a rigid order.

Because he owns the house in his sole name and you have registered Home Rights (HR1), he cannot complete a sale without your agreement to remove it. Do not agree to remove that HR1 notice or sign anything regarding the sale until you've had proper advice on the whole picture.

A house can technically be put on the market or sold before the final Consent Order is granted if both parties agree, but the crucial issue is where the proceeds go and how it fits into the rest of your assets. The house isn't the only thing - pensions, savings, and debts all have to be split fairly, and pensions are often overlooked or undervalued in these situations.

I wouldn't let him steam ahead until you've looked at the full financial picture together. It might be worth speaking to a specialist who deals specifically with the financial side of divorce, like a specialist financial planner (someone like The Divorce IFA) alongside your solicitor, just so you know exactly where you stand before agreeing to anything.

He definitely can't just sell it under your feet and decide what happens to the money himself!

He can proceed - the hr1 notice provides an obstacle to sale as I stated above, lenders and buyers will ask for its removal before completion- but it’s not foolproof and some could proceed.

I also pointed out the monies could be held in escrow if agreement not reached ahead of final consent order