Where to start

[sleepwhenimred]

We have decided to separate and the plan is i buy him out the family home. How much legal input is actually required for this? Is a legal separation needed?

I am in Scotland.

Are you married? And are you divorcing or separating?
Who owns the house - is it in joint names?

Assuming married and the home is a joint asset, I'd have thought you'd need a consent order followed by a transfer of equity, both things a solicitor will need to help you with. If you don't have a consent order/agreement then whatever you do with the property could be challenged later on.

Thank you. Yes married and joint ownership. Have appointment with mortgage advisor to arrange financial side but wasn't sure how much legal input was required.

I’m not sure exactly how similar English law and Scottish law is in divorce but see if this might help you with where to start iamlip.com I’m pretty sure the first two help guides can help pretty much everyone no matter where you’re from. Anyway I hope this helps!

http://iamlip.com/ in case the link wasn’t clear. I’m pretty sure there’s a bit on property stuff during divorce

I can't be sure about Scotland but in England, if you're buying your OH out then it's essentially a property sale which needs a solicitor. Stamp duty is also payable on the transaction but is waived for divorces if you provide the consent order. I really would advise having an agreement (consent order) in place first regarding how assets will be divided although it shouldn't stop you putting the wheels in motion so you're ready to do the transfer as soon it's signed off.

I would definitely seek legal advice on this. As you do not want to have any come back years down the line that you were not aware of.