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Selling house

  • Robjones1986
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20 Dec 16 #486748 by Robjones1986
Topic started by Robjones1986
Hi

I am in the process of getting divorced from my wife and I want to sell my house before the divorce completes.

I have my Decree Nisi and I am awaiting my Decree Absolute. we had the house valued at the time of submitting divorce papers and then agreed dispursments of the value in the house at this point.

The house is solely in my name.

My question is as we have agreed a settlement based on the value at the time of submitting the forms, can I sell the house?

Or in other words what is the most she could come back to me for. So if the house was valued at 400k at the time of divorce (3 written quotes) is this the most she could come back to me for.

I want to move to a house that is worth 500k so I don't want her having a claim to a house I bought after we started divorce proceedings, but I want her to still have what she is entitled to from the previous house if that makes sense.

Any advise welcome

Thanks

  • hadenoughnow
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20 Dec 16 #486754 by hadenoughnow
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If your stbx takes legal advice, she will be advised to register matrimonial home rights. This would prevent any sale while the finances are sorted out.

If a sale takes place before you have a legally binding agreement, the advice would be for the money to be lodged in a solicitor's account and distributed only when there is a legally binding financial settlement. If you go for a Consent Order, she will need a legal opinion on the settlement that you have agreed. Your current arrangement is not binding on either of you.

If the house has been sold and the proceeds lodged then the sum it sold for is fixed. However, the house is only part of the picture.

All of your financial circumstances need to be considered as do your respective needs and those of any children. Length of marriage is also a relevant factor.

If you have the means to buy a 500k property then this would need to be taken into consideration.

If pensions are involved, this could be a reason to apply for the Absolute to be delayed until there is a legally binding financial order.

Hadenoughnow

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