Advice please. Can I sell house before consent order is finalised?

[user1471530109]

I'll try and keep this emotion free and stick to the facts

I would really appreciate some advice if anyone can give it.

We separated after an affair (his) two years ago and going through divorce. Got nisi, waiting to apply for absolute-but sorting consent order.
We hVe agreed everything. He has already signed the house over to me. There is about £50k equity. I have been working in a new job about an hour's commute away. Kids are in school over by new job and I want to relocate to this new area.

Can I put my current house on the market and sell before the consent order is finalised? We have no other assets (he had car), we are not claiming anything from each other. I do earn more than him (but he is self employed so hides a lot of it
My solicitor has advised that there shouldn't be a problem with CO. I would need all money from house to buy in new area near job as more expensive area.

I really want to move. The kids want to move. The only thing stopping us is the bit of paper from the courts. Would I be stupid to go ahead without this?

Thank you

[RedHelenB]

Glad it's sorted !

[user1471530109]

It is thank you, piglet. I had an email today.

[PigletWasPoohsFriend]

I would ask for that in writing from your solicitor.

[user1471530109]

That should say "no reason to 'not' go ahead and sell!"

[user1471530109]

Just wanted to say thank again.

I meant with regards to the consent order in general, rather than the house with that last question.

My solicitor got back to me today an said he sees no reason for me to go ahead and put house on the market as he believes the order will have gone through by then anyway. He did tell me that I need to make sure ex is onboard even if the court doesn't sign off. I don't think ex will have a problem, but I will need to check.

So Red, looks like I have been given similar advice to you after all.
Baby and others, I do completely get the risk and what you were saying. And if I get any doubt that ex will play ball, I will not proceed.
But this is massively for the benefit of the DC who are doing a 2 hour commute minimum every day.
and to you all. I feel like celebrating (quietly)

[PigletWasPoohsFriend]

So, honest opinions, from what I have said, should I be worried?

Personally I think you should listen to the lawyers on the thread.

[MrsBertBibby]

I would be worried that he still hasn't signed up. Your solicitor needs to pull their finger out, although you need to be prepared to pay for them to do so.

[user1471530109]

I do really appreciate everyone's time in replying.

So, honest opinions, from what I have said, should I be worried?

[Collaborate]

I had a consent order refused by the court only last month over concerns that the other party wasn't being properly provided for. So it can, and does, happen.

[MrsBertBibby]

Family solicitor, btw.

[MrsBertBibby]

Your solicitor should advise you not to sell, because that is a no risk decision, whereas there is risk if they say it's ok to go ahead, and therefore if it all went wrong, you would have grounds for complaint.

[user1471530109]

I hope not

So, baby, do you think my solicitor will advice me bot to sell yet then?

I honestly think my ex's concern isn't about getting any money out of the marriage. But rather avoiding any attention on him and his tart's OW's finances.

I've seen a house!

[RedHelenB]

That is a very very extreme case though and obviously would not apply here

[PigletWasPoohsFriend]

No I am not;how can a judge impose an order if the two parties have agreed?

Well both eurochic and babybarrister have said in some instances they can.

[RedHelenB]

The judge's job is to make sure both sides understand the financial implications, he can't force one party to take something they don't want!

[RedHelenB]

No I am not;how can a judge impose an order if the two parties have agreed?

[eurochick]

RedHelen, you are wrong about this.

[user1471530109]

Thank you, baby.
The consent order seems to have taken ages to write up. I instructed the solicitor during the last part of July (it may have even been June). There have been no obstructions from either of us. I just need to move.

[user1471530109]

Oh, just to add. My solicitor has advised him more than once that he should seek his own legal advice and my ex has got quite annoyed about it. He sees it that it is his right to decide.

What do you think....
On paper, he earns about 2/3 of what I do. He has kids 4 days over a fortnight. He has a business I have not claimed on. We have not touched each other's pensions.
He signed house over to me. So at the moment, about £50k (but I actually think it could be £60k as prices are rising v quickly around here).

Without the full equity, I won't be able to buy in new area.

[user1471530109]

Thanks, all. I have emailed my solicitor today to ask his advice. No reply yet.
We are at the stage where he is filling financial records in. He hasn't seen anyone legally, but I think has been advised by friends who are solicitors (personally, I think this is bull because often it isn't correct).

I think we both just want a clean break. The issue is, that when he walked out two years ago, the equity in the house was around £30k. He has not paid anything towards mortgage since then at all. And the house is now worth more plus I've paid off more.
Not that he has suggested he wants anything. He knows I want to relocate and is happy with this (happens to be in sane area he is from and his family are there).

I suppose I am worried a judge will question this. I have been advised that even if the court do call us in, as long as ex says he is happy to proceed,there won't be a problem. Of course, he could change his mind last minute...

[MrsBertBibby]

Anyway, is the order all signed and sent in OP? IF so, I don't see the harm in getting on the market. There are risks if you sell before the order is sealed, but they aren't huge.