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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.

Do I need to wait until divorce is finalised to buy a house?

3 replies

OilLamp · 16/09/2024 13:37

Divorce won't be completed for another month or two. It's amicable and ex and I agreed on finances ourselves but we wanted to make it legaly binding to keep us both safe.

He is buying me out so no need to sell the martial home.

Ive made an offer on a house as something out of the ordinary came up and my budget is so small. I got a decision in principle. Now estate agents are wanting to contact my solicitor to get proof of my funds for deposit. Why do they need that? Isn't it just the same as if I was in a chain?

My ex will transfer me the money as soon as I need it but it's in a high interest account now so it might as well stay there until I actually need it.

If the estate agent doesn't accept this does that mean I literally have to wait until the whole divorce has gone through?

OP posts:
JustFrustrated · 16/09/2024 14:11

They ask for proof of funds to prove you're actually a serious buyer.

I had to show both the estate agent the funds, and then prove to my solicitor where they came from.

Same circumstances as you

OilLamp · 16/09/2024 16:44

How did you prove it?

If I was selling to buy, how would they ask for proof of funds then? I'm sure they don't ask for house deeds.

OP posts:
TheBossOfMe · 16/09/2024 20:07

OilLamp · 16/09/2024 16:44

How did you prove it?

If I was selling to buy, how would they ask for proof of funds then? I'm sure they don't ask for house deeds.

If you’re selling they ask for proof of ownership and then evidence that the house is under offer (unless the buyer is prepared to wait, a lot won’t these days).

If you’re not selling you need to show that you have the funds to proceed - bank statements plus mortgage offer in principle.

In your situation I would contact the estate agent and ask them what evidence they would accept given your situation. I was in not quite the same position but same issue to a degree. They accepted a letter from my solicitor confirming the financial agreement pending final consent order being granted and the date of application for said order.

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