Buying DH out of house before divorce

[PilchardsonToast]

Hi, my husband and I are divorcing, I've submitted the forms online but I know it's another 6 months before this is finished.

We still all live together fairly amicably in the marital home but I would really like him to move out! There's almost no rentals around though so it's buying or nothing if he's going to stay local.

Do you think it's possible (or sensible!) for me to attempt to take over the mortgage, remove him from the deeds etc - basically sort all the financials before the divorce complete?

Thank you!

Yes I did that so ex could get a new mortgage. The bank sorted it out and I used their suggested lawyer who did everything online. It was very easy. It doesn’t affect ex’s financial claim on the house if it’s put in your name. That only ends once you have a consent or court order. He can get legal advice to protect his share. You need to read the CGT info on Govt website about this as there are time limits when CGT is waived between couples. Worth doing before mortgage rates go up - I was able to keep our existing deal. Your dh could get a fix now which is likely be lower rate than what predicting in 6 months time. Start with getting current mortgage company to assess your affordability.

Yes, we’re in the process (though the other way round - ex H buying me out). Firstly - it takes a little time. Transfer of deeds can be done without a solicitor but might find it easier to use one (around £1k).
the other point is that this won’t impact your financial order - itll still be classed as a marital asset even once the other person is off the deeds/mortgage so in the divorce the focus is still on - will everyone/children’s housing needed be met in the divorce?

Yes, but sort it via a solicitor.

Has he agreed that he’s the one who will move?
have you agreed on principle a fair split of assets?
do you think you can stay amicable while this is completed?
if the answer is yes to all 3 then crack on
if there’s a no in there then I wouldn’t until you gas everything sorted in a consent order

Has your DH agreed that he will go? DSIS had the same plan as you except her DH refused to move out and said she had to be the one to leave.

It turned out that DSIS didn't earn enough to take on the mortgage by herself so had no choice but to be the one to leave.

Thanks so much everyone. I'll have a chat with the solicitor. The possibility of him not leaving is fairly high so I'm not sure I'd want to risk it!

I did that and it all worked out ok, my solicitor said it showed intent.