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Divorce question re house HELP

3 replies

Flowerpowerz · 07/06/2026 17:32

im buying my husband out of house (hopefully). I have decision in principle and we have a draft consent order drafted.

issue is, he’s found a place and wants to get out of the mortgage and deeds now. So he can secure a new mortgage for his new place.

we aren’t even at the “conditional order” but yet and my understanding is that can take ages. we are in cooling off period that ends in June.

can he do this? What is the risk? What if the judge says no to our consent order? He’s pressuring me to get off mortgage now or asap.

OP posts:
Flowerpowerz · 08/06/2026 10:01

just bumping this!

OP posts:
HighHeelsHurt · 08/06/2026 10:07

He can’t force you to agree to a transfer of equity before you are ready and so you shouldn’t feel pressured. The main issue would be that the agreement is not fully binding until the court approves the consent order. If the transfer happens first and the judge later refuses to approve the order (possible if it appears unfair or disclosure was inadequate), you can end up having implemented a financial arrangement that doesn’t match the eventual court order. If you were my friend I would be advising you to hold your nerve and wait until the consent order, but you’d be best to seek advice from your solicitor to understand what protection you would lose if you agree to the tsf before the consent order is sealed.

MissSmiley · 08/06/2026 16:03

Do not agree to the transfer of equity before having your divorce and financial settlement in place, once he has his money out of the house he has no incentive to complete the divorce and it could drag on for years

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