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When to sell the marital home ?

  • easyrider
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20 Jul 22 #519632 by easyrider
Topic started by easyrider
Currently going through a divorce in the UK using mediation and have a Decree Nisi but not a Decree Absolute yet before a court order is in place for finances.

I cannot afford to exit the house yet as I am continuing to pay all of the bills, mortgage etc and therefore with rising costs I do not have money to pay for renting a separate property for me to move into until sold.

We are joint owners of the property.

We invariably will need to sell the family home when looking at the assets.

My questions are:
- when is the best time to sell the house during the divorce process ? (e.g. so not to get capital gains tax and to ensure I have somewhere to live.
- as I currently pay all the bills and mortgage etc (and therefore my wife could happily get somewhere else to live with her salary and finances) I don’t want to be left in a situation where I am left with all the costs of maintaining the bills etc until the house is cleared, clearing the house, cleaning the house etc - how are these costs agreed to be split in divorce ? I.e. possibly likely to happen post any cost order.

Thank you for your help and sharing your experiences in advance.

  • hadenoughnow
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30 Jul 22 #519708 by hadenoughnow
Reply from hadenoughnow
Why are you paying for everything??

If you are agreed that sale is inevitable, you can sell whenever you want. The challenge is what you do with the proceeds of sale if there is a dispute about how much you each need.

It is possible for all or some of the proceeds of sale to be held pending settlement. If it is possible to release enough for you each to rehouse, even in rented accommodation, tthat could be done while you argue about the rest.


  • easyrider
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30 Jul 22 - 30 Jul 22 #519713 by easyrider
Reply from easyrider
I am paying for everything as that was the situation when she served me with the divorce notice. I had done that out of love before then and since we had young children.

When my wife went back to work that didn’t change event though she earns a good wage.

She now refuses to contribute to bills/mortgage etc as I believe she doesn’t have to during divorce process ?

If anyone knows how to change that I would be grateful as it seems so unfair.
Last edit: 30 Jul 22 by easyrider.

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