Selling before divorce.

[plasticcheese]

Not sure if this should be here or in divorce. Separated couple, 2 DC, all still living in the fmh after 6 months. We are sold stc and both have places to buy. Finances and children all agreed and with my solicitor for the consent order to be drawn up.

However, this isn't likely to happen until after we are due to exchange and complete. So, my question is how does the conveyancer know how to split the proceeds from the house between us? We are both happy to sit in front of him and say that we've agreed and pass on the percentages. Is this sufficient, or will they insist on waiting for the consent order?

I can't believe nobody ever sells before the divorce is through, would like to know how we do this please.

The conveyancer will do what you both tell them. If your instructions on what to do with the money differ, they will hold on to it until you give identical instructions or there is a court order. See if there is any way in which they can accept irrevocable instructions from you both prior to exchange.

Thank you, that's put my mind at rest. We are agreed and it's a simple 50/50 split, and we are both willing to go in and sign something.

Be careful not to commit on a related purchase until you have the money in your bank. If you simultaneously exchange on a purchase a falling out with your ex might see him dispute the equal division of proceeds.

I am buying at the same time, but he won't spend a penny on legal bills and he's already doing very nicely out of it so am sure he won't do this.

Are you sure 50/50 is fair to you both? It sounds as though you are married.

Yes you can both make sure the lawyer is told where to send the money. They probably will want to see you and have the details handed over as some fraudsters intercept emails to lawyers to divert the money elsewhere. I would also keep reminding them in the days up to exchange, by email, of the sending money to separate accounts so that they don't forget it.

Yes we are married and there is more to the settlement than just the house. Have just spoken to the conveyancer and he's clarified that so long as we both sign a relevant document, then all will be fine.