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Consent order

1 reply

JohPa · 26/09/2017 05:19

Can anyone advise whether it is feasible to put the family home on the market prior to finalising the details of the consent order and avoid going into rented accommodation?
Bit of background - I've already filed for divorce, we've had valuations on the house and I am certain that I want to sell it which STBXH appears to agree with. Only assets to be sorted via the consent order are the equity in the house, my NHS pension and possibly his v small private pension. The problem being that its going to take 3-4months to get the cash equivalent transfer value of my pension. I am concerned that this is going to delay the consent order. I want the house on the market asap as agents advised that now is a good time of year to sell but perhaps more urgently, there is a proposal for widening our road which could affect the marketability of our home starting February and taking 6 months. Obviously I would like the house on the market prior to this comnencing. Please can anyone advise ?

OP posts:
wobytide · 26/09/2017 10:21

It can be done, solicitors and conveyancers will advise against it, but ultimately the risk then falls on the pair of you if you agree to go ahead and something fails i.e. the consent order isn't agreed. In which case the equity will then have to be held by the conveyancer until they are authorised to release it. Likewise if you agree to a percentage split and the order isn't sealed you can authorise the release of funds to each party through a signed agreement, but if the judge then rejects the order and you have to amend, you then need to unpick the finances that have already been distributed.

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