To buy DH out of house with my share of his pension ?

[DustyLee123]

Would I be able to buy DH out of our house, on divorce, with my half of his pension ?

If he's happy with that solution then you can ask for 100% of the house equity in exchange for not touching his pension.

Do you think that would be an attractive proposition to him ? He seems to like to play around with his pension, he’s often telling me how much he’s made or lost on it.

What is the pension worth in comparison to half of the house?

Nobody can really say if it'd be attractive to him. Would he have enough capital to buy somewhere else now? I'm presuming he can't yet access his pension.

Yes, he could access his pension now.
His DM has cancer and won’t last much longer, so he will inherit there as well.

Impossible to say- depends on the relative value, what other assets you have etc. The problem with the pension is that he can’t touch it until 57+ (and if he dies before then he’ll never benefit from it) whereas he needs a house to live in now. So you’d expect him to want the pension share to be worth considerably more than the house share for him to consider it, and if he doesn’t have another way to house himself now he might not consider it at all

My parents have offered to help me with some money, but I’m assuming there would be tax problems tnere, so a no no ?

Have you seen the will? How do you know she has not changed it? Presuming on inheritance is unwise, not to mention callous.

I dont think there would be tax 'problems' as such, its more that if the giver dies within 7 years of gifting the money that is may be liable to inheritance tax (which the estate would be anyway if it were high enough), unless that has changed?

Yes we saw the mirror will when his DF died, I very much doubt it’s changed as she wouldn’t have the ability to do it. And I don’t presume anything, she may well have to pay for care so there would be little/nothing to pass on.

As you are married all the assets of that marriage are jointly owned. They are split according to need at the time of divorce.

You and your ex can negotiate how you split equity and pension savings. But you need to understand the true value of the pension for the purposes of divorce. It is rare for the pension pound to equal the equity pound. But your ex may well value and want the pension more than the equity and be willing to negotiate. Or he might not need to do that.

Yes, l did. I kept family home and he kept his substantial pension.

Depending on your age & type of personal pension

Some people can access their pension at 50, 55