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Divorce - buying a house before finances resolved?

(4 Posts)
Hermonie2016 Thu 23-Feb-17 20:57:42

My stbxh plans to buy a house before we have agreed finances.He is a high earner and I have been advised spousal maintenance is likely.Mediation did not succeed as stbxh was unreasonable.

My concern is that he will use assets that he has access to and will take on a large monthly mortgage which means there will be less available for spousal maintenance.

I will go into rented property when martial house is sold as as not in a position to buy as not sure what money I will have.

I know that as we are not divorced ex's house is a martial asset but my worry is he will then have high living costs so makes spousal maintenance less likely or lower than I should receive.

Can he do this?

Collaborate Fri 24-Feb-17 00:41:25

s37 of the Matrimonial Causes Act 1973 enables the court to make an order preventing any disposition made with the intention of defeating a claim. That could include your claim for maintenance. You should speak to your solicitor about it.

On the other hand you might get a judge who simply refuses to allow him all the cost of his mortgage when working out his reasonable income needs.

RedHelenB Fri 24-Feb-17 11:35:12

I wouldnt bank on spousal maintenance long term if your stbx is as you say he is. Any chance you could go for more of the assets if he already has a mortgage that would allow you to purchase a hometoo?

Hermonie2016 Fri 24-Feb-17 18:34:58

Thank you, stbxh is planning to buy a house on the basis of our mediation session however we failed to agree spousal so my solicitor believes I should get higher capital.Also since mediation stbxh has bought an expensive car which has reduced what is available.

I have been advised to hold off the sale until finances are agreed.Spousal maintenance is likely to be payable as he is a very high earner and my income much reduced.

Collaborate, we have just started the formal exchange of forms E's and no court date applied for as thought we could do it 'amicable' but it's not looking likely so think we will need a court hearing.

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