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Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7620
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi I have been seperated from my husband for just over a year

Resolved Question:

I have been seperated from my husband for just over a year and although at first it was not a amicable agreement - we have now resolved a lot of our differences and have now got a reasonable relationship. We have just put the family home on the market which my husband is still living in (as I moved out with the children and am currently in rent accommodation) and the house has had an offer put on it within the week. My husband has agreed to give me half of the monies remaining after taking off the outstanding mortgage and paying for the solicitor/estate agents fees for the sale. Does this need to be legally formailsed or can it just be done without a solicitor? If it does need to be legally formailsed can the same solicitor who is dealing with the conveyancing deal with the transfer of monies to each of us?
Submitted: 7 years ago.
Category: UK Law
Expert:  Thomas replied 7 years ago.

Hi Denise,


Thanks for yor question.


There is nothing preventing the solicitor dealing with your conveyancing from giving one half of the conveyancing prceeds to you and the other half to your husband provided you are in agreement and give him specific instructions on the matter. Make sure you let the solicitor know as soon as possible that you require your 50% to be held separately.


You should bear in mind that if you were to divorce your husband and depending on the length of the marriage, the age of the children and whether they are living with you may be entitled to more than 50% of the matrimonial assets (which obviously includes the house). If you change your mind about seeking a greater amount then it would e a lttle problematic seeking to revisit it at a later date. Some spouse who are separated but not divorced choose to execute a separation agreement to outline what is to happen to their matrimonial assets upon separation but before they actually divorce, it's not a pre-requisite to separation but some couples think it gives them clarity and therefore ess likely to be disputed in the future.


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


Kind regards,




Edited by Thomas on 5/8/2010 at 8:41 AM EST
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