How many solicitors?

[sundayquest]

In order to proceed with a divorce with minimum costs and minimum hassle, can we instruct one solicitor together to serve the papers etc as we are in agreement about settlement? Also as we currently own 2 properties, one of which was declared as our main home and the other as a 2nd home, will I (when I in the future sell my property) be liable to any capital gains tax as the 2nd home will become , through settlement, my main home. Does that make sense?

[Ethel]

No you can't both use the same solicitor unfortunately.

However, you can DIY if there are no children and no dispute about property, assets and so on.

I don't know about CGT - would it be feasible to put the 'main home' in the sole name of one of you and then sell it and divide the profits as you both see fit? Perhaps a legal separation will be necessary first, with one of using the second home as the main home, on paper at least.

[jason1980]

The absolute cheapest method of ALL....and I've said this before somewhere on here because it is what my mother done. Is to do the divorce yourself with ready made forms from your nearest county court. My mother got divorced in less than 12 weeks for �100.00 but that was 2001 so depending upon what you have to settle on this cost might be higher. BUT it is the cheapest way.

[themas]

The CGT rules can be complex, but if you live on the second home as your main residence for a time before selling it you will not be liable for CGT for the period you do so. You may be liable for the period up to the date it becomes your main residence so you should get a valuation at the date you move in. If the house is currently in joint names and is changed into your sole name it is possible a CGT liability may crystallise at that point if you make the change after the divorce, but I think it would be a joint liability with your ex-husband.

Have a trawl through HMRC website CGT section, which may have more specific info. It is best not to take a chance, so you may need a solicitor or accountant to advise you.