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

[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.

[user1471530109]

I do really appreciate everyone's time in replying.

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

[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.

[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.

[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)

[user1471530109]

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

[PigletWasPoohsFriend]

I would ask for that in writing from your solicitor.

[user1471530109]

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

[RedHelenB]

Glad it's sorted !