I would like to move out in advance of a divorce being granted and am thinking of buying. I will use savings that I have built up but wonder how this will be viewed in any proceedings, will any mortgage be seen as a liability and could my wife seek to stop me? I recognise that the capital equity will be viewed as joint and will be taken into account in any settlement
It''s not easy to say. Of course, you may well have to move out sooner or later, and you have to live somewhere, so the Court should take into account of that fact, but the fact is that most solicitors would advise their gentlemen clients to stay put and not move until they have to ; partly, I guess, because two can live together more cheaply than one, and partly because, if the man does get accommodation on his own account, it may possibly prejudice his position,particularly with regard to the former marital home. The point being that, by moving out, the husband has '' solved '' his accommodation problem and other things being equal, the wife is more likely to be allowed to stay in the FMH. But this could easily happen anyway - especially if there are children involved.
One of the risks in moving is that the Court might perhaps consider that the amount you spent on your accommodation was excessive. I had the same problem when I was divorcing 30 years ago ; I wanted to rebuild my life but, without knowing how much I might have to pay in maintenance, I could not judge whether I could afford a mortgage.
Reductio ad absurdam, if a divorcing husband ploughed every penny he had into buying a new house and then argued, sorry, there''s no money left for her - then you can imagine that a Court would not be sympathetic. But so much depends on your finances ; if there is enough to house both parties, then moving out might not be an unreasonable thing to do. I''d ask your lawyer for advice tailored to your circumstances.