Can I force my ex to sell the marital home to my new partner??

chiquit

tayforth wrote: »

I agree with all those who say that it will no longer be your house if your current partner buys it. If you split up, you may be homeless.

We're getting married in the summer and to be fair I can't afford the house myself anyway, I'm only paying the interest on the mortgage which I don't know how long BOI will allow me to do.

If we did split then I wouldn't be able to afford the house for much longer which would mean it being repossessed or having to sell and be technically made homeless anyway.

Person_one

chiquit wrote: »

We're getting married in the summer and to be fair I can't afford the house myself anyway, I'm only paying the interest on the mortgage which I don't know how long BOI will allow me to do.

If we did split then I wouldn't be able to afford the house for much longer which would mean it being repossessed or having to sell and be technically made homeless anyway.

Be aware that you're taking a big risk. If you were to only have a short marriage (around two years or less) your assets wouldn't be considered joint in the event of a divorce, the house would just be his.

CP26

Risks and circumstances aside.

A consent order is like a will - you can basically put whatever you want into it.

As a minimum you want the standard clause regarding no future financial claims against each other. Without a financial clean break, in theory if you won the lottery, came into some inheritance etc etc, the ex could come back and demand their share eve if you've been divorced a while.

In yours you'd want to then deal with the house. You can set out the terms of the sale and state how any equity or losses would be split between you.

Mine had 3 sections:
- no future claims
- ex has to get me off the mortgage (he wants to keep the house)
- if he's not done it within 6 months then I can ask for the property to be sold and he must comply. It then sets out how the sale would proceed with regards to mutually picking an agent, agreeing sale price, how the proceeds would be allocated, then how any leftover cash would be split. (he can refuse but then I can enforce the order through the courts)