Moving Out & Right of Access

Yuzo

Me and the wife are currently going through a divorce (not yet applied). She has agreed to buy me out of the house (we both own it) and I should get my money in a months time with any paperwork i need to sign to take me off the house. Everything is 50/50. We have 2 kids so I know by law she has the right to stay in the house with the kids.

I really want to move out now as its not a nice environment. What if I move out, she decides she no longer needs to pay me because I have gone anyway and cancels the buyout.

Can I come and move straight back into the home if she doesn't pay me?

Thanks.

letthemeatcake

Get it in writing in a Consent Order written up by a solicitor saying that she agrees to buy you out 50% of the value of the property of £X. Don't forget to divide savings, debts and pensions too.Once you have both signed the CO she can't change it although it might be a good idea to give more details regarding the date the payment is to be made just in case she says she can no longer afford it or cannot get a mortgage in her sole name.

Yuzo

So would you suggest i stay in the house until we have both signed? or will it not make any difference if i move out?

I don't want her changing the locks when i am gone, then saying she isn't signing anything and she has the right to stay here with the kids.

I don't think she would stoop that low, i am just being over cautious.

onomatopoeia99

Yuzo said:

 We have 2 kids so I know by law she has the right to stay in the house with the kids.

Who told you that?

Yuzo

onomatopoeia99 said:

Yuzo said:

 We have 2 kids so I know by law she has the right to stay in the house with the kids.

Who told you that?

I thought when kids were involved, you cant force the other parent to sell the house where the kids live. So in theory they can just stay put with the other parents equity stuck in the house?

gwynlas

You need to wise up on current law re divorce and financial orders. Courts look at both parents sharing custody so it might mean that the house needs to be sold so that you can both move on. If you are having the children to stay then you will need a suitable property as well. How is she able to raise the money to buy you out in a months time? Will she need to remortgage at current rates and can she get a large enough mortgage on her salary?. A divorde after a lengthy marriage means splitting everything 50 50 including equity, savings pensions etc.

elsien

Yuzo said:

onomatopoeia99 said:

Yuzo said:

 We have 2 kids so I know by law she has the right to stay in the house with the kids.

Who told you that?

I thought when kids were involved, you cant force the other parent to sell the house where the kids live. So in theory they can just stay put with the other parents equity stuck in the house?

No, that’s not true. If it got to court, any decision would be based on the needs of both parents to adequately house themselves, as well as the children. 

It could get very messy and very expensive, but if the house needs to be sold and both parties downsize, that’s what has to happen.
obviously mediation, and reaching a compromise is far better than having to fight it out. 

One way round could be to consider all the marital assets, and depending on the equity in the house, she gets the house and you get a bigger share of everything else? 

jackieblack

Any Consent Order only becomes legally binding once the Decree Absolute is issued, so really best to sort the divorce at the same time.
If you can both agree on the terms of the CO, you should be able to find a local solicitor who will deal with the paperwork for a small fixed fee. You can do the divorce yourself online but it’s worth paying a small amount to get the finances sorted properly to avoid any problems later. 

Yuzo

Thanks for all replies.

I am currently in the process of buying my own place, it should complete in about a months time.

She is buying me out using money from her parents.

I really want to get out of this house today, but i am worried this could ruin everything. I could say to her if she stalls in any way or plays silly beggars, i am moving back in... i think getting me out of the house is the only reason she is buying me out you see.

Can she refuse me re-entry in say 2 weeks if she doesn't pay me?

Stateofart

Possession is nine-tenths of the law.  Stay in until the deal is done.

MobileSaver

Stateofart said:

Possession is nine-tenths of the law.  Stay in until the deal is done.

^ This.

Out of sight, out of mind. Once you're out of the house then the main incentive for her to expedite matters has disappeared. I've seen this happen with a friend and the excuses as to why matters couldn't be finalised went on for literally years.

Bite your tongue, stay where you are, just quietly get on with your life and don't rise to the bait with arguments; just be there as a daily reminder to both of you why the financial side of things needs to be resolved sooner rather than later.