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Divorce/separation

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House proceeds frozen?

6 replies

Selfhatredandshame · Yesterday 21:01

Hi everyone,
I have read all the gov guidance and searched as much as I can but I can't find the answer to this so I'm hoping someone can advise.
Back story is my husband and I split in June
Split will be 50/50.
We have 80k in the bank which was equity from our last property sale (moved 2 months ago).
Current house is going in the market and will generate another 80k of equity.
We haven't stared the divorce process. Someone told me that if we sell the house in the next few months say, all of that cash will be frozen until the divorce is finalised which could be months after. Does that mean I can't have access to the money so can't use as a deposit for my own future home?
Or, can a financial order be written up which states that the 80k in the bank be split now and the future 80k from the house be split upon completion, even if the divorce isn't finalised? So I could then use that as a deposit?
I don't understand how the 2 things can run side by side.
Thanks for any advice

OP posts:
Skybluecoat · Yesterday 21:06

Why did you put house on market before starting divorce? Get some legal advice asap.

Selfhatredandshame · Yesterday 21:12

Skybluecoat · Yesterday 21:06

Why did you put house on market before starting divorce? Get some legal advice asap.

I can't afford any legal advice. I realise I will have to pay legal fees at some point but I need to save it for when I need it, not for general advice.

OP posts:
Thesafetygeneral · Yesterday 21:15

You can start your financial order once you’ve started the divorce proceedings (you can do them online to save money) but the financial order won’t be stamped by a judge until you at least have your conditional order. You may need to split the 80k in your bank and then split the equity from the house sale. The housing market is terrible at the moment so you can’t bank on the fact that you’ll get 80k there too:

INeedAnotherName · Yesterday 21:17

It depends how acrimonious your situation is.

I got a solicitor to draw up a statement saying how the money was to be split. Both stbxh and I signed it and the house solicitor was happy to send the agreed amount to each of us. The marital home was sold a year ago, funds released, both bought elsewhere but we aren't divorced yet (long story), but we get on okay.

Selfhatredandshame · Yesterday 21:53

INeedAnotherName · Yesterday 21:17

It depends how acrimonious your situation is.

I got a solicitor to draw up a statement saying how the money was to be split. Both stbxh and I signed it and the house solicitor was happy to send the agreed amount to each of us. The marital home was sold a year ago, funds released, both bought elsewhere but we aren't divorced yet (long story), but we get on okay.

Thanks - were you subject to a higher rate of stamp duty as this is also something someone has told me? As a couple we'll technically own 2 homes even if we buy separately as they will both remain marital assets?

OP posts:
INeedAnotherName · Yesterday 23:56

No. We don't have a share in each others houses and we have the decree nisi (very obvious we are separated) as well as the basic signed house split agreement. My house solicitor paid all the fees and he didn't mention any change to stamp duty even though he knew we hadn't finalised the divorce. It's not something I've thought about tbh.

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