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Divorce

9 replies

Addled1 · 24/09/2024 08:36

My husband is about to pay his ex wife out due to a court order that gave her a share of the house when their youngest turned 18. We are over a barrel paying more than the share is worth as we can't afford to risk court and the costs involved. When my husband contacts her solicitor to accept the offer they have requested he states how he intends to pay the share. Is he legally entitled to divulge that and if so can it be asked that the information isn't shared with his ex? We would much rather she didn't know as it would just give her and her family more to gossip and speculate about than the already do

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LaurieFairyCake · 24/09/2024 09:05

Answer the 'how' with method - "I intend to transfer the monies using the bacs banking system via TSB on x date"

Addled1 · 24/09/2024 09:57

I think the wording asks for how he will be funding it so they may or may not accept that.

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Collaborate · 24/09/2024 10:42

If there are no remaining financial ties then it's none of their business. He should simply inform them that he has the funding secured.

familylawyer01392 · 24/09/2024 11:47

Is he buying out her share of the property, with the property then being transferred to/retained by him?

Addled1 · 24/09/2024 12:04

familylawyer01392 · 24/09/2024 11:47

Is he buying out her share of the property, with the property then being transferred to/retained by him?

Yes he's buying her out. The share was agreed in a court order some years ago

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5DivorceHelpPlease · 24/09/2024 13:29

Does this not come under source of funds? So he'll need to prove where the money has come from for money laundering reasons. Doesn't mean that the info will get passed on.

spilltheteapot · 24/09/2024 13:32

It’s for money laundering reasons, as PP have said. I don’t know where in the process the ex would need to see his side of the paperwork though, if they are dealing with solicitors independently.

familylawyer01392 · 24/09/2024 16:32

Conveyancing solicitors dealing with the transfer will need to do source of funds yes but your husband can instruct his own solicitors directly... The family solicitor does not need to know how the buyout will be funded (particularly if order finalised years ago!)

That is of course subject to the order, if it says he needs to say how it will be funded then he does, although that is very unusual drafting.

Addled1 · 24/09/2024 17:15

familylawyer01392 · 24/09/2024 16:32

Conveyancing solicitors dealing with the transfer will need to do source of funds yes but your husband can instruct his own solicitors directly... The family solicitor does not need to know how the buyout will be funded (particularly if order finalised years ago!)

That is of course subject to the order, if it says he needs to say how it will be funded then he does, although that is very unusual drafting.

We've given in and told them how it will be funded. There was nothing in the order but the ex was threatening court again if she didn't get the amount she requested, one of the clauses the solicitor put on the offer was it being dependant on being told the funding source. Stinks in my opinion but we're over a barrel and can't afford to risk court and all that comes with that

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