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Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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divorce-conveyancing house sold and contracts exchanged

Customer Question


house sold and contracts exchanged .. wife agreed 50/50 split of procedes.. after exchange of contracts she called conveyancer and told him to hold 30k of each share till other assets sorted out ..can i stop this and get all my money?
Submitted: 4 years ago.
Category: Law
Expert:  Joshua replied 4 years ago.
Thanks for your question. Please kindly RATE my answer when you are satisfied

Do you have a consent order in place regarding division of funds please or has the matter been proceeding along amicable lines until now?
Customer: replied 4 years ago.

No orders .. was amicable till now

Customer: replied 4 years ago.

no consent order .. was amicable

Expert:  Joshua replied 4 years ago.
Thanks. Unfortunately unless there is a consent order or other interim court order in place dealing with the sale of the property then it is quite possible for either of you to dispute the allocation of payments of the net proceeds of sale. it is equally posible for you to intruct the solicitor not to pay monies out to her. The solicitor will be very unlikely to pay any money out to either of you were he receives differing instructions from you both until you both can agree or alternatively obtain a court order. He will pay interest in the meantime at his client account rate.

You and your wife will either need to attempt to come to an agreement as to division of assets between you and jointly instruct the solicitor accordingly or if you cannot agree you will need to apply to the court for ancillary relief proceedings to resolve the division of assets.

If you are concerned that your wife may reneg on any agreement later consider retaining a solicitor to draw up a consent order for whatever you agree and have it sealed by a court. Providing the process is conducted properly and there is full disclosure by both parties the order is binding and neither of you will have a claim against the other in the furture

Does the above answer all your questions or is there anything I can clarify or help with any further?