Divorce + house sale and Pension split help

JimTracy

if its the case where she hasnt began proceedings with the pension sharing annex, do you think im within my rights to hold up sale of the house until this is at least started if not completed, seeing as how long its been from when it was supposed to be done (last november) ?
(i know youre not official legal advice, but would like some general feedback)

EclipsedMind

Personally I think if it was clear during proceedings that the lump sum was necessary to rehouse you I would not sign off the house sale. I would write to the bullying solicitor stating that the rehousing of you was clearly understood to require the pension transfer and you will not be in a position to sign off the house sale until it has occurred.

Any costs relating to the house sale being delayed are due to the failure to expedite the pension transfer and thus are not your responsibility as you are unable to influence that in any way.

Should you end up before a judge this letter, case notes and common sense should hopefully see them rule in your favour and I think her solicitor will know that and are chancing their arm.

It has been said that the house market has started rising so your buyer takes a chance if they walk instead of being patient.

atush

I agree, i would write that letter.

SallyG

Pension Sharing Annex Form P1
http://ps4d.co.uk/legal_forms_for_pensions_in_divorce_proceedings/Pension%20Sharing%20Annex%20(Form%20P1).pdf

You'll note that it doesn't require the signature of the pension member - some solicitors acting for the recipient complete P1 and return it to court to remove opportunities to delay.