Financial Consent Order

[JoanBa]

My husband and I have always had separate finances. I sold my flat and used the proceeds to buy our family home. He rented his flat out and the plan was for him to sell his flat and pay off our mortgage. He borrowed hundreds of thousands of pounds against his flat unknowing to me, to fund business ideas that never worked. He ended up losing his flat so we had to sell our family home and move to a smaller place. Hubby feels guilty so he signed a deed to say he wouldn't make a claim on the home we currently live in, which is in my name. I can see that he's building up debts again (seems like an addiction) and we talked about having a divorce. He's in agreement that I keep the home. We have a daughter at uni so she comes home during holidays and this will always be her home. I am considering filing for divorce and financial consent order. Would the judge agree for me to keep the house even though my husband is in agreement? We are both happy to see the judge to verify this. Thanks for any advice in advance.

Provided it's presented in the right way, I would think so, i.e. it's explained clearly that your husband's debts were built up without your consent. But the judge may also want to ensure that adequate consideration has been given to ensuring everyone's housing needs are met. As ever, you need legal advise really.

You’d both need to demonstrate you’d had independent legal advise
you’d both need to demonstrate ability to house yourself

if you do that’s it’s possible
without it I’d say unlikely

Thank you all very much for replying. We're still living together but don't really have a relationship. We are being civil, especially for our daughter. I suppose hubby could carry on living in the house.

According to my solicitor even if STBEH and I agree, if it isn't making sense or leaving us both with enough to live on, he can say no. So I think you need specialist advice. I wanted 60/65% and even h agreeing the judge might say no.