House on the market, ex filed divorce.

[PowerDad]

Good morning,

My ex and I separated, I live in the house.
We agreed to put house on the market, sold and now at the searches stage .
But recently she informed me verbally she filled for divorce initially she said with finance, then without finance just the divorce.

Now I haven't received any papers yet with the divorce, but if someone in similar situation before I'll appreciate some advice.
1. Should I wait for papers to see what's there but I'm concerned that she will apply for an order of sale as well, she believes all processes is slow and then after exchange , completion to hold funds to get a bigger share.

2. Should I stop/ pause house sale now until we agree a consent order ?

 

[Resolute]

Divorce is not my area of experience. I am just going to put some questions I think will help other members assess your situation.

Can you afford the mortgage ongoing?

What would you do with the proceeds if current sale goes through?

Was the agreement to put the house to market in writing?

Does your ex have advice from a family law firm?

Have child arrangements been resolved to your satisfaction?

 

[PowerDad]

Divorce is not my area of experience. I am just going to put some questions I think will help other members assess your situation.

Can you afford the mortgage ongoing?

There's no mortgage paid in full

What would you do with the proceeds if current sale goes through?

Looking to rent

Was the agreement to put the house to market in writing?

We both agreed over emails

Does your ex have advice from a family law firm?

Not sure at the moment she said no, with the note she will if needed .

Have child arrangements been resolved to your satisfaction?

I have every wekeend spend time with .
It was better with shared care

 

[Jumper85]

Hi, I think regardless of what has been agreed informally up to now, the financial agreement needs to be put formally in writing and sealed by the courts. Whatever has been verbally agreed can change by either party at any point at the moment.

If things are amicable maybe you can agree between yourselves. My understanding is finances are often dealt with separately but you need the paperwork to confirm this.

 

[PowerDad]

We Have just a division of funds signed with 50/50. But is having a warning if we don't agree we need consent order.....

 

[Jumper85]

Read back to your first post, maybe she's just saying you need to get in formally written and stamped to protect you both? Maybe you just need to ask the question like, 'so what is your thinking? We write what we've agreed in a court order and have approved by them?' Or better so, maybe you propose that to give you both comfort?

 

[PowerDad]

Read back to your first post, maybe she's just saying you need to get in formally written and stamped to protect you both? Maybe you just need to ask the question like, 'so what is your thinking? We write what we've agreed in a court order and have approved by them?' Or better so, maybe you propose that to give you both comfort?

Sounds good but that will take some time ? A consent order I've seen something online for £499. But she needs to.pay one as well?

That will be best for both to have peace of mind .

 

[Jumper85]

Sorry yes, incorrect terminology used. I was meaning a consent order than rather a court order.

 

[PowerDad]

Then should I hold the house sale until agreed ?

 

[Jumper85]

If the solicitor is going to hold the sales funds, I don't think it matters. You should be still able to proceed with the sale of the property

 

[PowerDad]

If the solicitor is going to hold the sales funds, I don't think it matters. You should be still able to proceed with the sale of the property

The issue is that I was relying on the funds to get rent . As I'm in a position where I need to pay in advance.

 

[Jumper85]

Maybe agree an equal small withdrawal from the house sale then? £5,000-£10,000 each?

 

[PowerDad]

I decided to keep house but I need a further 6 months to manage by her share. She agreed as well but how to answer here ...

Do you intend to ask the court to delay the divorce until it is satisfied with your financial situation?​