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Cohabiting post divorce triggering equity buyout - enforcable

1 reply

TaxCredits · 13/09/2018 22:27

A 'hypothetical' question....

In the process of a divorce, one party wants a clause that if other party who is going to be occupying the marital home post divorce moves someone in (starts a new cohabitation), then after six months that person needs to buy out the ex partners share of the home.

Is this enforceable? Would the hypothetical third party (the new partner) be legally obliged to do so - even if they and their new partner couldn't afford to? Or does clause put a lower bound on what the financial ability of future partners can be?

OP posts:
Collaborate · 13/09/2018 23:47

It would never be an order compelling a buy out. It will be an order for sale with an option to purchase. And it’s enforcable.

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