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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.

Separation and house buy out-order of doing stuff!

0 replies

Subtleknife · 01/10/2020 21:02

We are planning to separate, had agreed finances before lockdown with a mediator but thanks to covid the logistics of the rest of it have taken ages.
Ex is buying me out of matrimonial home - giving me most of what I am owed now and a smaller amount in 3y or under certain circumstances before then (as he couldn't afford the remortgage for the full amount I am owed).
He has a mortgage offer ready to go.
I have a mortgage in principle and am about to start looking round houses. I need the pay out from him to use as my deposit.
He doesn't want to activate his new mortgage until I'm ready to exchange as doesn't want to pay the higher repayments yet (which is fair enough.)
The mediator was waiting for mortgages figures before she could draw up the legal separation agreement (is it called consent order?). I think we then both need to instruct solicitors to sort this out as well as our individual mortgages. Does this need to be approved by a judge before we go ahead with the buy out? At which point does my name get taken off the deeds?
Desperate to move out when I find somewhere as its miserable living with someone who doesn't like you, especially over covid times. But don't want to do it in the wrong order and leave myself vulnerable.
If you've read this far thank you, and hope someone can put it in a less confusing way!

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