Advice needed regarding my house and going through a divorce

[lynzfa]

Hi was just wondering if anyone could help me.I am currently starting divorce proceedings to divorce my wife of 20 years.My question is regarding selling my house.Obviously i know she is entitled to half of everything but was wondering if i am able to put my house up for sale while the divorce is being processed.The house is in my name only as it was left to me by my parents when they died.The ex is currently living in my house with my children but she knows she has to move out as it will be getting sold.I just want to know if i can actually put it up for sale now as i have been told i am not allowed to until the divorce is sorted.I just want everything sorted.any help would be greatly appreciated.thanks

[steampowered]

Legally I guess there is no reason why you can't sell the property now. However, practically speaking, your ex's cooperation will be needed to show people around, and they will probably need to have left the property before purchasers hand over any money. There are not many people around who are prepared to buy a property with an eviction lawsuit attached. I guess your ex could possibly apply to court to stop the sale if she was so inclined.

 

What is the purpose of selling so quickly? It may be better to hold on until the divorce has been finalised. Remember that, because there are kids involved, this is unlikely to be a simple exercise of splitting assets 50/50 ... it is very common for the non-resident parent to pay maintenance. Reaching an arrangement where the ex gets a share in the property and the ex/kids are allowed to stay there until the kids are grown-up might be a better option than you paying for them to rent somewhere. It is worth talking to your ex about this to hear her views before steaming ahead.

 

Obviously this is a hugely fact specific area of law and it is worth going to see a family lawyer.

[AndyOrch]

Consult with the Solicitor that is handling your divorce.?

[lynzfa]

i was wanting to sell quickly as i am buying a new house, the child maintenance is already sorted that gets paid through the csa.Its just a matter of whether or not i could put it up for sale now

[lynzfa]

also why would i have to pay for her to rent somewhere, thats nothing to do with me is it?

[steampowered]

My understanding is that child maintenance through the CSA is a minimum and applies whether or not the parents were other married. You can agree (or be ordered by the court) to pay additional maintenance as part of the divorce.

 

A divorce settlement can take the form of splitting assets, or it can take the form of paying money, or some combination of the two. Three common situations where ongoing payments will be ordered are (1) where there are kids involved; (2) where there are not enough marital assets to meet the needs of both parties; (3) where one spouse has given up their career to look after their kids, at the cost of reducing their earning potential while allowing the other spouse to focus on his/her career and increase his/her earning potential ... in this case the higher earning potential can be seen as a marital asset, justifying ongoing payments or a greater share of assets to the lower-earning party.

 

The general idea is that the needs of both parties and the kids have to be met. This is the first criteria and gets looked at before a fair split of assets. If going 50/50 on the assets would result in your ex and kids becoming reliant on the state, then you are looking at ongoing payments.

 

If you use all the money from your current house to buy a new house, there is a question mark over how this would work for your ex. She is not likely to be happy being given equity in your house when she cannot live there ... she would need to use that equity to live. Securing the accommodation needs of your ex and especially the kids will be a priority for the courts. One solution would be to pay her a lump sum to secure alternative accommodation ... but if this amount is not enough to buy a suitable house for her and the kids, and if she does not have enough earning power to get a mortgage, then again ongoing payments would be a solution. If there are enough assets to go around to allow all parties involved to have a "clean break" without ongoing payments that is usually the desired option but this requires a lot of assets.

 

Another point: if the house was an inheritance then there is a question mark over whether it is marital property at all, which would take it outside the fair split of assets analysis.

 

Needless to say the analysis will very much depend on your individual financial situation and that of your ex. You really need to get specialist advice so that you can reach a sensible and legally binding agreement. Personally I think it is a bad idea to sell the house and buy a new one until the settlement has agreed, you are better off waiting.

[Desperate Daniella]

You need to be a little careful. There have been some cases where the wife and children were allowed to stay in the marital home until the youngest child left school. The Courts are generally concerned with security for the children.

 

You really do need to speak to your solicitor about this in detail.

[Desperate Daniella]

also why would i have to pay for her to rent somewhere, thats nothing to do with me is it?

 

But won't your children be living with her?

[lynzfa]

thanks for all the advice everyone looks like ill have to just speak to my solicitor about it

[citizenB]

This thread is now in "General Legal Issues"

 

It is purely an administrative move.

[raydetinu]

Yes agree you need to see a solicitor, before you do anything.

Have divorce papers been served yet?

The arrangements for financial settlement can take up to two years after divorce and go through a few hearings.

depending on your wife's financial position it may not be a straight split, especially if children are involved.

House will only be sold if you both cannot afford to keep it; wife may well get more of the equity to purchase a new one ( you don't count unless you have joint custody ).

Also a share in your pension as well.