Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

Buy now

Please or to access all these features

Divorce/separation

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

House buying before settlement set

6 replies

LibertyBlues · 01/07/2022 17:32

Hello,
Has anyone bought a house before the financial settlement and absolute of their divorce was sorted?
I want to as I want to leave the family home. It can stay empty while things are sorted. I want to move on with my life and leave this place.
Stbx has ringfenced his inheritance so why can't I ringfence any property that I now buy?

OP posts:
Newnormal99 · 01/07/2022 17:45

I was specifically told not to!

Newnormal99 · 01/07/2022 17:46

Who has said he has ring fences his inheritance he cannot just decide that. If you are still married then technically he has a claim over that asset. Are you named in the family home mortgage?

LibertyBlues · 01/07/2022 20:00

Newnormal99 · 01/07/2022 17:46

Who has said he has ring fences his inheritance he cannot just decide that. If you are still married then technically he has a claim over that asset. Are you named in the family home mortgage?

His solicitor said so and mine hasn't argued.
Yes, I am named on the family home - it's mortgage free.

OP posts:
EmilyBolton · 03/07/2022 10:59

I did before absolute. Moved into my property 2 weeks before decree absolute
but my ex had moved out of family home we were selling a month before that- before nisi
it depends on your levels of trust really. We split amicably, worked it out ourselves. Just got a solicitor to write the draft consent order we’d worked out. That was all signed along with D81 form and submitted to court on day of nisi by solicitor, it was ready about a month before that all signed off by us and held by solicitor.
for me/us there was no risk. We both needed house sale to access our assets. No one was going to drag heels. Ex moved his share of possession out that we’d agreed when he moved out- I helped him with that and his move.

so it just depends. A solicitor will probably always say no,to cover their backsides if it did go belly up. Only you know if you both trust each other implicitly and whether you are trying to do everything to stay amicable and make the whole divorce thing as cheap, easy and quick as possible.

but I wouldn’t have done it before the consent order was drafted

EmilyBolton · 03/07/2022 11:01

You can claim against inheritance unless there are some specific circumstances such as he inherited after you separated or it was a very short marriage

Undecidedandtorn · 03/07/2022 11:24

I have but completely agree - the level of trust has to be high. For me with house prices rising I had to or not being able to afford a big enough house for me and my two kids.

We did meditation via relate so no solicitor to tell me not to.

New posts on this thread. Refresh page
Swipe left for the next trending thread