Divorce and house sale

[Fudgeytastic]

I'll keep this as brief as possible.

Separated for 6 years but only got divorce proceedings underway a year ago and currently at the financial agreement stage where everything is bring split 50-50. All amicable and no issues there at all.

Only the husbands name is on the mortgage and the mortgage has only ever been paid for by the husband out of the husbands own bank account.

House has recently been sold STC and searches are complete so completion is expected in a few weeks with any luck (I know things could and do go wrong at this stage but it appears to be a simple house sale). Again, agreement in the divorce is 50-50 split for the sale of the house so the wife will receive half of the sale proceeds.

My question is, as the divorce hasn't been finalised yet, will this affect the completion date of the sale and the monies being transferred to the husband? Presuming it will be transferred to the husband as he is the named person on the mortgage, is the only person who has ever paid the mortgage and is the person who has dealt with the sale, solicitor etc?

I would talk to your solicitor.

My concern might be that the proceeds of the house sale could mysteriously disappear

There should probably be a written agreement between you and your husband before the sale finalised, as at the moment all the money from the sale seems to be going to him. A judge can't give you money that disappears so you need to act fast. Did you get anything registered with the Land Registry?

www.rightsofwomen.org.uk/wp-content/uploads/2023/12/row-_-legal-guide-marriage-home-rights-final.pdf

Don't believe any solicitor who tells you that men don't just sell a house and pocket all the cash then spunk it up the wall/hide it. Happened to my friend, her divorce was completely friendly and amicable as far as she was concerned and she hadn't got her own legal support. She tried to take her ex to court which took over 18 months, by then the money had gone and with it any chance of co-parenting nicely. Horrible situation so it you can, get legal advice, then you'll see your ex's reaction to this and his real intentions.