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Does anyone know how the legalities work when divorcing and selling house?

2 replies

Upsadaisy · 17/06/2007 18:49

Have seperated from h no solicitors involved as yet and having to live under same roof until house sells. H is adamant he will get 50/50 split from money form the house where as I'm going for 60/40.

When the house does gain an offer how will the legalities work?

I realise I will need a solicitor to divorce with and a seperate solicitor to deal with the selling of the house. Will these two communicate with each other and h's solicitor to sort out the finace left from the house? Ahhhhh so confusing!

Also as we disagree over splitting of the finance will it take time to sort out, meaning that even though the house is sold money released to solicitor and all that...will I have to wait even longer until an agreement is reached before I get anything back?
Does that make sense? Very confusing

OP posts:
mumblechum · 17/06/2007 21:11

Upsadaisy, you MUST get a solicitor now.

The only way the equity should be split 50 50 is if you earn exactly the same as your husband and have no dependent children.

Most firms have both family and conveyancing lawyers. In my firm, i deal with the divorce including the financial negotiations, then once the deal is agreed and IF that includes selling the house, I get my conveyancing colleague to deal with the sale and sometimes also my client's purchase. You can use different firms but it's much better if you use the same firm, they can just have a quick chat over a coffee and sort out loads of stuff which would otherwise involve lots of letters back and forth (therefore lots of fees).

I strongly recommend not selling the house till you've got your financial deal sorted.
Otherwise, the solicitors will sit on the money till it's settled.

To find a specialist divorce lawyer in England & Wales, contact the governing body www.resolution.com.

Upsadaisy · 17/06/2007 23:13

Mumblechum thank you. I've taken the numbers down for local solicitors that look at both conveyancing and divorce. I will be contacting them first thing.
I haven' been thinking past having the house viewed and jus trying to deal with everything. Had a house viewing today and they seemed very interested more so than the norm. I'm hoping they don't put an offer in until this is sorted.
I was hoping it wouldn't get messy but I've been kidding myself its already a mud fest.

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