Dividing proceeds of sale of house after divorce

As part of my divorce settlement, I was awarded 70% of the net equity of the FMH as part of the Consent Order. The house is in my ex''s name only and he is paying the mortgage (well, interest only despite being ordered originally that he pay interest and capital - Dec 09 Order) in lieu of child maintenance. I live in the house with the children and have a new partner who lives with us. (I left my ex 7 years ago - financial settlement has just dragged on!)

At the final hearing a few weeks ago, it was decided that the house be sold and I now have until 1 July 2013 to have it on the market (were told that we are joint vendors). The problem I have is that the Dec 09 Consent Order states that my ex has up to 30 days, following receipt of the funds from house sale, to give me my 70% share. I know what he is like and will hold on to that money for the full 30 days, which means that there is a 30 day window where we have nowhere to live. We need that money to put down as a deposit on a new home. My ex has been co-habiting with his partner for 5 and a half years and will not be moving. My partner and I are moving with the children so need to stay in the house we''re currently in (FMH) until moving day. Any ideas as to how this can be resolved? This is making me sick with worry!

Kind regards,

Jo x

Well, Jo, I see you have not had a reply, so let''s see if I can say anything that will make you a little less sick, shall we ?

The practice is that a solicitor will be instructed to handle the sale. If you are living there, the normal practice is that the sale is handled by the solicitor who acts for the spouse who lives there. This is because that spouse has the problem of the viewings, etc etc etc.

So if it is decided that you have 70% then the solicitor is instructed, on completion of sale and after deducting costs, to pay you your 70% and him his 30% ; there is no reason or excuse for delaying it and everyone is happy.

Does this solve your problem ?

LMM

Thank you so much for this! You have definitely made me feel positive about the whole thing now! That takes the sting out of all the endless sorting, packing and decorating. Our house looks like I belong on Secret Hoarders at the moment - boxes everywhere! Sickness cured!

Kind regards,

Jo