Gifted property in settlement

[PinkGorilla]

So my husband has filed for divorce, despite having no way of buying me out my half of the house. My father in law offered to buy me a house worth half the value of my current house, out of my husband's inheritance. However FIL wants to buy the house himself and put it in my name, essentially gifting me a house. However my solicitor said that is really risky and instead I should ask for a lump sum for the value of the property and the conveyancing fees (which fil has also agreed to pay) and pay the solicitors myself out of that lump sum. Father in law initially agreed to that, but now the solicitors want proof of funds, he is trying to show them his proof of funds, rather than him sending me the money so I can show them my proof of funds. Fil said he will buy the house in my name with no conditions or clauses attached. But are there any other risks to doing it that way? I struggled to follow everything my solicitor said as to why I should buy it myself out of a lump sum instead...I've read there could be tax implications? What would happen if I died? Would he get it back?

You should go back to your solicitor and ask them to clear up why. If a legal professional is telling you to do it one way, there's a reason why. It may be just to shore up any future interests in the property. If he's buying the house and handling the conveyancing etc. you don't have any control. Especially if he's 'buying it in your name' - you'd have to sign etc. But you won't have control over what you're signing. Listen to your solicitor on this one.

Your ex doesn’t have the capital to buy you out so he has asked his father for help. His father is placing conditions on this help. But they both are expecting you to comply with the conditions. These aren’t your problem. More importantly it is none of your ex or his fathers business what you do with your share of the marital pot. You need to make this clear.

Go back to basics. Be clear you are entitled to your share of the equity on the house. You get this through sale of the house or your ex finds it from his own post divorce pocket. If he needs to ask his dad for it then he makes promises to the dad.

What may be issue to you is how convenient the offer of money from his father makes to the process of you getting your share. How far do you want to go to facilitate this offer to your ex. ? I would say that you can give reassurance that your capital share will be used for housing. But keep reminding them that this is your share. You decide how it is spent and on what.

Be very clear selling the house and getting your share without all this is an option for you. Your ex is the one with the problem not you. It’s not your issue to solve it. His dad needs to wind his neck in on saying how your money is spent.