Property during divorce

[Notmyyearthisyear]

Just started the divorce proceedings after being separated several months. Husband lives in rented accommodation, I stayed in marital home. One of us will be buying the other one out. Does anyone know at what stage of the divorce that can be done? I’m in the one being bought out, I’d like to be able to purchase a property without having to live in rented accommodation in the interim, if that makes sense. There’s two young kids involved so it’s not just about me wanting it nice and easy, I want to minimise the disruption for them as much as possible.
Any advice/experience would be appreciated.

Trying to bump up the post in the hope that someone noticed and can share some insight! Thanks

You can do it now if you are both agreeable - he will have to apply to mortgage lender and meet affordability tests etc and solicitor can do the necessary things transfer ownership into one name. The divorce proceedings are only relevant if you need a court to order this to happen.

Oh, I was kind of hoping that would be the case. But would we still do some kind of financial order (consent?) via the court? Sorry I’m just really confused by how this aspect works. Because even if we agree on things we still need a financial order, right?

Yes the difference is it’s either rubber stamping things you’ve already agreed or things decided by the court. The former is always preferable, and you are required to consider mediation in most cases in order to get to that point if you cannot agree.

We’re doing this. Dh brought me out - we had to leave our current mortgage, he got his own mortgage and has given me my share of the
Capital, and now we are transferring the deeds to his name solely. However I am staying in the house until I purchase/rent, and paying into the mortgage etc.

Levithecat it sounds like you have been quite amicable. Do you mind me asking if there are any other financial aspects that you need to tidy up? Will you be than writing this arrangement into the financial order as part of the divorce? Did you involve solicitors at this stage to do the transfer etc?

To get a consent order - ie an agreement which is watertight and final - you need to start divorce proceedings. The consent order will be applied fir when you apply for your decree absolute.
I imagine you can make an agreement about the house...but usually the division of property takes into account inequalities elsewhere eg other assets, pensions. My stbx is refusing to move out until we have a consent order.

In order to have that, you must begin divorce proceedings. It will only apply when you apply for a decree absolute. And yes I imagine you can make a agreement about the property however inequalities must be taken into account. Lawyer up too, it is recommended.

Yes it only works because we are trying to be amicable… and things are very equal (pensions, salary etc). I’d like to wait for no fault divorces but needed to move on properly, so wanted equity for a new home (renting is very expensive here).

Similar situation here.
I left STBXH and moved back to parents.
He has bought me out of the family home by taking out a mortgage, he employed a conveyancing solicitor who did all the paper work to transfer it into his sole name and the mortgage money went via them to me and DH didn't touch it. This has given me enough money to buy my own house and get on with my life while the other stuff is sorted.
In the meantime we are at Nisi stage of divorce and he has employed a solicitor to write up the consent order that gets lodged when we apply for the Absoute.
We agreed 50/50 of everything without using solicitors, which saved a lot of money on fees and we did the divorce online which was quick and cheap. The consent order lists the different groups of assets - home, cars, savings, shares, furniture/possessions and pensions, with their values at our seperation and how we are dividing them.
Don't forget pensions, DH's pension is worth over double the value of our house.
I am only getting a solicitor now to check the consent order is all in order before it gets lodged, it's still costing me £600.
You do need to be pretty amicable to do it this way though, I had a friend who had to live in family home with her DH for 18 months while everything went through and house was sold.

@thelonggame

Similar situation here. I left STBXH and moved back to parents. He has bought me out of the family home by taking out a mortgage, he employed a conveyancing solicitor who did all the paper work to transfer it into his sole name and the mortgage money went via them to me and DH didn't touch it. This has given me enough money to buy my own house and get on with my life while the other stuff is sorted. In the meantime we are at Nisi stage of divorce and he has employed a solicitor to write up the consent order that gets lodged when we apply for the Absoute. We agreed 50/50 of everything without using solicitors, which saved a lot of money on fees and we did the divorce online which was quick and cheap. The consent order lists the different groups of assets - home, cars, savings, shares, furniture/possessions and pensions, with their values at our seperation and how we are dividing them. Don't forget pensions, DH's pension is worth over double the value of our house. I am only getting a solicitor now to check the consent order is all in order before it gets lodged, it's still costing me £600. You do need to be pretty amicable to do it this way though, I had a friend who had to live in family home with her DH for 18 months while everything went through and house was sold.

How are you dividing up all the equity if you don't mind me asking? Any kids involved?

sorry I didn't see your question.

Our kids ae adults.

We are splitting everything 50/50, I didn't fight for more as I can live ok on that. I could have gone for more and possibly got it as he is a high earner and I gave up my career to support his but really wanted to get it over with.