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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Home rights

  • MB
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05 Sep 20 #513995 by MB
Topic started by MB
Hello,
My husband and I divorced 2 years ago. I am living in the house at the moment until it gets sold. He is the owner of the house but I completed the HR1 form with the land registry to get home rights.

We are now about to exchange contracts for selling the house but my ex husband solicitor is asking me to sign the HR4 form so I release the home rights.

What happens if I sign this form and then the sale doesn't go ahead? Would I lose my rights to stay in the house?
What can I do?
Any help would be greatly appreciated.

  • hadenoughnow
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06 Sep 20 #514004 by hadenoughnow
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As far as I know, once contracts are exchanged the sale is certain. So I would assume that agreeing the release home rights would be part of a simultaneous process.

Remember you do not have to agree to a sale unless there is an order compellingly you to do so.

What has been agreed in relation to the proceeds of sale? Are they to be held by a solicitor pending legally binding financial settlement??

Hadenoughnow

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