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Financial Consent Order vs Keeping Home

6 replies

Twilk · 31/01/2021 09:53

Hi everyone. I need some help please. I’m in a bit of a state. A month ago, I caught my husband having an affair after a 30 year marriage. Daughter is 22 and at Uni term time. Apparently he’s in love and just wants to leave (but hasn’t yet which is very difficult). He is also an alcoholic and can be manipulative and mentally abusive. He is adamant that he ants to give his half of the house to our daughter as long as I give him some money from my redundancy (made redundant after 20 years end Dec 2020). But despite him wanting to do that and me contributing more all throughout and money from parents whenever husband dropped out of yet another job blah blah, I understand the court will still grant him half. So I have to sell our home anyway, unless I take a chance that he will stick to his word, take some money from me and sign the house over. Is there any way I can stay in my home and protect myself from any future claims? If he transfers his half the house to our daughter, are we protected? What if we gifted our whole home to our daughter? Any thoughts you may have I will be so grateful for. I am lost. Lastly, and I can never find an answer to this on the net, with a financial consent to be finalised, is it only the intent to sell and split assets that is agreed or so you actually have to prove you have sold the house? Thanks for any advice you can give.

OP posts:
Sophinwonderland · 31/01/2021 15:48

Not a lawyer but I would wonder about if owning your house would disadvantage your daughter when she comes to buy her first home by not getting first time buyers benefits, not sure about the other things you’ve asked sorry

Hoppinggreen · 31/01/2021 15:51

If your daughter owns half your house and later gets married then divorced you May have a big problem

RedHelenB · 31/01/2021 15:51

Don't part with any money until you've got some initial advice from a solicitor.

Twilk · 31/01/2021 16:51

Thank you for your comments, appreciate it.

OP posts:
prh47bridge · 31/01/2021 18:28

You need to consult a solicitor. It is not necessarily the case that the court would give him half the house.

To answer your last question, the consent order just sets out how the assets will be split. You do not have to sell the house before getting the order nor do you have to prove to the court that the house has been sold.

Twilk · 18/02/2021 14:09

Thanks again everyone.

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