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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Buying a property before Decree Nisi/Absolute

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Adrienne19 · 09/04/2019 15:08

Hello everyone, STXH and I are currently divorcing, things are done amicably. We've had the Financial Agreement drawn up and we are waiting for the Decree Nisi in order to submit it with the D81 Consent Order Form.

I have agreed to receive a certain lump sum from STXH which I am aware is less than 50:50, but this is what I need as a deposit for a property I am trying to purchase and which will allow me to move on with my life.

STXH will be keeping the matrimonial house and is therefore remortgaging. His new mortgage has been accepted by the bank. However we have just heard from his property solicitor that they won't go ahead with the Transfer of Equity of Deeds on the matrimonial house because our divorce (and therefore Financial Agreement) has not been confirmed by the court/judge yet.

My vendors have been super flexible so far but they are now losing patience and I also want to move into my new house as soon as possible.

Has anyone been in a similar situation? Have you been able to purchase a property with the draft version of the Financial Agreement before the divorce is confirmed?

Thank you all in advance

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