Advice -Divorce/ Buying a house

Kittenplump_2

So I have been separated 10 years and me and my new partner are looking to buy a house together. I have filed for a divorce. It’s never been done before as ex wouldn’t sign the papersband was being awkward all those years ago. He is now with someone else.  There are no assets or children (older) involved in divorce. I’m wondering as the divorce can take a while, where do i stand in regards to this and Ex Husband if I go down on the mortgage and buy somewhere. Ultimately the large deposit is my partners and wondering if is there something a solicitor can draw up in terms of stopping the Ex trying to make a claim. If we brought a house now. Or do I have to wait till the divorce is through completely. 

gwynlas

You can have a deed of trust drawn up that rinfences the deposit as coming from your partner and ensures that it would be returned from equity on sale of property,

Most people  agree a 50/50 split on remainder if both contributed equally to mortgage but it could specify different percentages reflecting contribution.

It would be benefial to do this anyway if you are not getting married

RAS

You need to speak to a divorce lawyer specialising in financial settlements. Based on other threads if you remarry before the settlement is complete, it can affect your claim to assets.

Cobbler_tone

I’d keep it simple and get divorced ASAP.  Make sure you get a financial settlement too to avoid any future nasty surprises. Unless you have no cash, possessions or pensions there will be assets.
I personally wouldn’t have your name on anything at the moment that you don’t need to.
Definitely seek professional advice.

Kittenplump_2

RAS said:

You need to speak to a divorce lawyer specialising in financial settlements. Based on other threads if you remarry before the settlement is complete, it can affect your claim to assets.

I’m not looking to remarry. I have filed for a divorce but we are looking to purchase a property together. I was asking if there is something that can be drawn up by a solicitor so we can purchase the property to stop my Ex having any kind of claim before divorce is done as this can take a while. 

Kittenplump_2

Cobbler_tone said:

I’d keep it simple and get divorced ASAP.  Make sure you get a financial settlement too to avoid any future nasty surprises. Unless you have no cash, possessions or pensions there will be assets.
I personally wouldn’t have your name on anything at the moment that you don’t need to.
Definitely seek professional advice.

I don’t have any savings assets or possessions like that. The divorce has been filed but was just asking if there was anything that could be drawn up by the solicitor so we can purchase the house now and to stop ex making any claim as divorce takes a while so not divorced yet. 

RAS

Unless your ex agrees in writing not to pursue any assets acquired since you separated, they can cost you a lot in legal fees arguing the toss. Do either of you have pensions?

Cobbler_tone

Kittenplump_2 said:

Cobbler_tone said:

I’d keep it simple and get divorced ASAP.  Make sure you get a financial settlement too to avoid any future nasty surprises. Unless you have no cash, possessions or pensions there will be assets.
I personally wouldn’t have your name on anything at the moment that you don’t need to.
Definitely seek professional advice.

I don’t have any savings assets or possessions like that. The divorce has been filed but was just asking if there was anything that could be drawn up by the solicitor so we can purchase the house now and to stop ex making any claim as divorce takes a while so not divorced yet. 

Can your current partner get the mortgage on their own? It sounds as though you are contributing very little to the new home, he is funding the move and you have no assets.
If he can't get the mortgage without your income, then you will definitely need legal advice as you will have some share in the home. They will also outline the legal risks and any worst case scenarios. Your ex won't be able to make a direct claim against anything owned by your new partner.
Your current partner probably wants to get some advice too around the division of your new home, if you do ultimately buy it together. This will protect him and ultimately potentially protect you both from your ex.

VyEu

Kittenplump_2 said:

RAS said:

You need to speak to a divorce lawyer specialising in financial settlements. Based on other threads if you remarry before the settlement is complete, it can affect your claim to assets.

I’m not looking to remarry. I have filed for a divorce but we are looking to purchase a property together. I was asking if there is something that can be drawn up by a solicitor so we can purchase the property to stop my Ex having any kind of claim before divorce is done as this can take a while. 

You can get a financial remedy consent order after the conditional order has been pronounced. If you really want you can get a separation agreement but if you're going throughout the divorce process already it's not worth the double expenditure