Transfer house to my name and pay off loan before Nisi/consent order?

[MotherForker]

I am divorcing H, there is a history it emotional abuse although so far it is amicable. He has accepted that I want this and to do what is best for dc.

I can afford to buy him out of the house through remortgage and pay him his share of the equity (he can't afford to do this). This is the only way we can physically separate in housing terms.

I have a mortgage in principle ready to go and have also been able to payoff a small loan which we have, as this will help him get a mortgage.

However, I have also been advised not to move anything into my sole name (house, loan etc) until after the decree nisi and financial consent order.

I am so desperate for us to be able to live separately. It is very amicable at the moment, but I worry that as time goes on, the tension will start to come out.

Is it completely bonkers to take the house, hand him his equity etc before an legal order?

Who advised you?

My mother! On the advice of her friends and work colleagues who have all been divorced! She a bit obsessed with it.

You sound in a very similar situation to what I was in.

My solicitor was very against buying my husband out prior to the consent order and absolute. However I couldn't live with him any longer. He was having a affair, was going out with his other woman every night until all hours leaving me at home with the DC. He then got physically abusive.

We were amicable in terms of finances and wanting to get things moving as quickly as possible.

I went against my solicitors advice and bought him out in the summer, absolute and consent order is due anytime in the next few weeks.

My solicitor drafted a legal agreement I think it was called a separation agreement that basically mirrors the consent order. This allowed me to do the transfer of equity as the conveyancing solicitor needed to see some proof (usually a consent order) but accepted the agreement in order for me to make the transfer to my soon to be ex husband.

I bought my DH out without agreement.
Yes I was advised not to but I thought worst case scenario is I'd lose some equity that accrues whilst the process in ongoing. Honestly it kept my sanity so was worth any amount of money quite frankly. As it is it's all good.