I finalised my divorce two years ago and obtained a Mesher order 60% to me. There is also a property abroad which is to be split 50/50. My question is: if I were to receive half the proceeds from the foreign property could I offer it as part payment towards buying ex''s share?
If I did offer this, can he refuse? It would mean me then owning 80% and him 20%. Please advise.
If you are both in agreement you can vary the terms of the agreement although this should be documented to ensure that you both understand the ramifications of what you are doing.
Your ex could refuse to cooperate particularly if you were not buying him out in full. If you had the wherewithal to buy him out completely this would be a different matter entirely but what you are proposing is to diminish his deferred charge at the bottom of the market without releasing him from the charge in its entirety.
I know it''s unfair but thought I''d ask. He''s just bought a new house so I thought the money might come in useful now rather than in 10 years time and it would suit me but I will probably just save it up and see if I old possibly pay him off then.