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Divorce/separation

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

Buying a house after separation and before divorce

5 replies

Mumofteens4892 · 03/09/2024 21:37

I am wanting to separate from my husband but have not told him yet. He is volatile and so I want to get everything sorted first. Our relationship is awful and there is literally no way back.

My mother has very kindly offered to help me with a deposit for a house. DH and I are private renting at the moment.

If I accept the gift and start the process of buying a house now (likely to be shared ownership), so that me and my kids have a place to live, could my DH then claim half of this gift in a financial settlement further down the line?

So... ideally plan would be...

  1. line up new house to buy
  2. have "the talk"
  3. move out ASAP (prob do AirB&B if needed for a bit then buy)
  4. start divorce
  5. complete divorce
  6. live happily ever after .... gulp .....

I don't have ££££ for solicitors.... all advice gratefully received!

OP posts:
Sisiwawa · 03/09/2024 23:53

You really need to speak to a solicitor before doing anything. You can pay for an hour, or some solicitors offer a free 60 minute meeting so you can get these questions answered. Don't rush in to anything before getting proper advice.

Stirmish · 03/09/2024 23:55

He'll get half so no doubt not buy anything till after your divorce

partystress · 03/09/2024 23:59

i echo getting legal advice, but from advice I was given in a slightly similar situation, I think it will be the date of legal separation that determines what is in the shared marital pot. Assets accrued post-separation can, I believe, be ring-fenced. Having some legal support to ensure a court would recognise the separation would be sensible if that is the case.

YankeeDad · 08/10/2024 18:26

Do you really need to line up a house to buy first? It would be simpler and avoid the problem, and the need to make costly legal arrangements, if you were to first move out into a rented property. He might be able to demand half of the rental deposit but that is likely to be a much lower number.

Once you are on the divorce path you will want some sort of legal advice or legal information anyway, and that person will be able to tell you how soon your mother can safely gift you the money for a deposit without exposing that money to claims by your STBX.

Joni234 · 09/10/2024 14:48

Hi, sorry you are going through this.
Right now you need to manage your expectations about how long and complicated this process will be. Before you start making any decisions, do some background reading on different scenarios and possibilities.
I found th guide on advice now.org really useful. Legal queen on YouTube also gave me the correct current info - family law changes and will meaning people will give you the wrong info.

I am nearly 2 years on from your situation so I will outline how it happened:
Decided I wanted to separate with a view to divorcing.
Suggested to ex that we nest from our family home while we resolve living arrangements/property/custody. He initially agreed to this but backed out later.
Looked into potential shared ownership options.
Discovered I can't buy shared ownership whilst financially committed elsewhere - in a mortgage or lease. I also needed capital for a deposit.
Ex refused any financial etc discussions- this went on for a while. If I could have moved out at this point I would, but had no options.
However at this point I also was lucky to have a large one-off bonus from work. In went into my bank account, similar to your family gift.
Ex still refusing to discuss. I consulted solicitors who always pushed me to force a sale of the house and get maximum cash. This isn't what I actually wanted though.
At this point I felt stuck- I filed for divorce and also found a brilliant mediator who achieved what I couldn't do- getting my ex to discuss finances and arrangements with me.
Four mediation sessions over several months lead to this arrangement:
Ex stayed in family home and took over ownership.
I bought a shared ownership house using our 'liquid asset' savings, my bonus, and a mortgage.
I have a percentage 'charge' against our old family home. This is sometimes called a mesher order.
Kids spend 4 nights with me, 3 with him.
We used Amicable as joint solicitor to draft court paperwork.
Divorce not quite final yet, probably another 2-3 months

To answer your question about the gift from family- yes it is a joint asset as long as you are married, as was my bonus from work. It was be counted in the overall division of assets. You will need to disclose everything financially.
I got my SO house after we had to finalised our agreement with he mediator.
But finances can be reviewed until that final order is submitted to the court.
To make things easier, I had some help from family on the form of them buying furniture, white goods.
I vastly underestimated the costs (and effort) of setting up a 3 bed house from scratch, and didn't work this into the financially settlement but I wish I had. It cost roughly £8k even on a budget with second hand items.
I also underestimated the toll of living under the same roof with someone after separating..if you can organize alternative living, even temporary, do that.

What your are trying to do is possible, but you need think carefully about how you want things to play out, what's best for the kids and then be honest with your husband. Mediation was right for us, but if he is volatile you will need to spend money on solicitors so factor this in to your overall picture.

All of the above is not for the faint hearted. To say it has been a hard, gargantuan effort is an understatement. I also had a lot of luck, supportive colleagues and a decent paying job. You'll need every possible support around you that you can gather. I am not the same person I was at the beginning but I will recover on a new and better way.

Good luck op!

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