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Separating and selling fmh

  • confusedmonkey
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  • Junior Member
  • Junior Member
08 Sep 12 #354551 by confusedmonkey
Topic started by confusedmonkey
My stbx and I are starting out on the road to divorce now after both accepting that no matter how emotional it may be we should go our separate ways.

Obviously there''s a lot of fear, mainly on my side regarding having a place to live and somewhere my kids can feel safe and happy with me. We have three children: 11, 9 and 6.

We have come to the conclusion that selling our home and splitting the profit would give us an equal chance to move on. We certaily could''t buy a home, but there''s a chance we could use it to get a mortgage on somewhere smaller.

I guess I''m asking if there are any pitfalls either of us need to be aware of? We currently think that we''ll complete the sale, both buy or rent, then finish off the whole ''divorce'' thing.


  • dukey
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  • Moderator
  • Moderator
09 Sep 12 #354717 by dukey
Reply from dukey
If you are going to divide assets before divorce the bear minimum you need is a Separation Agreement.

Separating assets before divorce can be very problematic later on.

Ideally you would divorce and have a Consent Order written by a solicitor and signed off by a judge, then and only then do you have a concrete agreement which is binding and enforceable should the agreement break down.

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