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SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 6019
Experience:  LLB (Hons)
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My husband walked out 3 years ago I live in family home with

Customer Question

My husband walked out 3 years ago I live in family home with 17 Yr old son husband now wants to sell house and divorce he has private pensions aswell as joint mortgage do we sell hoyse and split assets ie pensions or does this all come into play through divorce proceedings?
JA: Was the home purchased during the marriage?
Customer: No we bought before we married as joint owners
JA: Were any marital funds used for the mortgage or property improvements?
Customer: We both have put money towards improvements
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I don't have any money towards legal costs atm does this get paid from the proceeds after everything has been sorted?
Submitted: 17 days ago.
Category: Family Law
Expert:  SASH_Law replied 17 days ago.

Hello, how are you today?

My name is ***** ***** I am going to see if I can assist with your query. Let me just read your first post. I may need to ask you additional questions after I have read it, and if I do, they will appear in my next response. It is important you answer all the questions I ask, so that I have the information I need to give you an accurate response.

JA is a Q&A website, and this ‘chat’ is email based, which means responses may not be immediate. Do rest assured however, that I will be providing you with an answer to your query today.

The site will offer a phone call, this is automated and it is important for you to know that I do not make calls. I will answer your query online.

Expert:  SASH_Law replied 17 days ago.

Are you planning to get divorced?

Customer: replied 17 days ago.
Customer: replied 17 days ago.
I just want to know if its best to sell house before we divorce? And then split his private pensions as I need to be financially secure
Customer: replied 17 days ago.
He walked out 3 years ago and committed adultery after 6 months !
Expert:  SASH_Law replied 17 days ago.

It is best to get the finances resolved after the conditional order (previously known as decree nisi) has been granted.  Any order or consent order made at that time will take effect after the final order (decree absolute) is granted.  This is the pattern usually suggested as it avoids further claims being made, e.g. if the house is sold now and one of you squanders your share, there is nothing stopping them for asking the court to award them more from the remainder.

You are best advised to get everything resolved in one order, property, incomes, pensions, savings, belongings etc.

Customer: replied 17 days ago.
do this all during divorce proceedings then?
Customer: replied 17 days ago.
OK thank you
Expert:  SASH_Law replied 17 days ago.

Yes, apply for the divorce, and then when the conditional order is made, then make the applications for the finances to be resolved.

Customer: replied 17 days ago.
Does a solicitor ask for payment upfront as I have no funds until everything is sold/ split ?
Expert:  SASH_Law replied 17 days ago.

Yes, most solicitors will ask for a payment on account and bill you as things go on. Some may offer fixed fee options to undertake specific work, and some may take a small payment up front and agree payment later on.  It really is a matter of speaking to the solicitors of your choice and finding out what options they offer.

You can, of course, make the applications yourself if you don't want to instruct a solicitor.

Customer: replied 17 days ago.
OK thabk you for that I'll look into it
Expert:  SASH_Law replied 17 days ago.

You're very welcome.

Glad I could assist.

Expert:  SASH_Law replied 17 days ago.

If you have new questions and wish to ask for my assistance, you can do so by putting FORCustomerONLY in the subject heading, or, once you have rated this question you will be able to add me as a favourite expert from your membership page. When you wish to ask me another query, you can then simply type “@“ followed by my name in your next chat, e.g. @SASH_Law. 

All the best!