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Thomas
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 7481
Experience:  BA (Hons), PgDip, Practising Solicitor
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I have just filed divorce papers on an undefended basis with

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I have just filed divorce papers on an undefended basis with my husband of 4years 10 months. His papers have not arrived yet although he has said he will not contest it. He says he doesn't want ancillary settlement although I have told him he would be entitled. The house was bought by myself 20 years ago using inheritance money & a small mortgage so has equity. My husband has made no financial contribution to the house during our marriage. We still live under the same roof. Ultimately I want to move closer to my family, 300 miles away. Will putting the house on the market now affect the process of the divorce?

Hi,

 

Thank for your question.

 

If he is not minded to seek any kind of settlement from you and retains that position during the process then it will no affect your ability to obtain a divorce. If he is acting for himself then the Judge presiding will want to see him to make sure he understands the implications of not seeking a settlement.

 

Were he to change his mind then he could revisit the issue of financial settlement and obviously include the house in the negotiations, this would hold up divorce if you cannot agree a settlement and he issues ancillary relief proceedings.

 

A sundry point if you find a buyer and begin the conveyancing process then the Buyer will require your husband to sign the contract to confirm he will vacate upon completion. If he won't do this then this will cause problems with the conveyance.

 

If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.


Kind regards.

 


Tom



Edited by Tom on 7/10/2010 at 12:16 PM EST
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