A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Mon/Fri 9am-6pm       Sat/Sun 2pm-6pm
Call for FREE expert advice & service info


What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


STBX wants to buy house in her own name only before decree abs.

  • gooddadunderconstruction
  • gooddadunderconstruction's Avatar Posted by
  • Junior Member
  • Junior Member
More
29 Apr 21 #516570 by gooddadunderconstruction
Topic started by gooddadunderconstruction
hi all

Me and my STBX have done mediation (no lawyers) and have an agreement. She gets 100% of the house which was 50/50 owned, I pay no spousal maintenance and don't share my pension.

We are probably some months away from getting the Decree Absolute. We don't have the Nisi yet.

She is selling the house now, and has put an offer on a new place. I've agreed to the sale as I'm happy for it to go through fast. But she wants the new place to be in her name only. I think we need to wait for the decree abs. before changing the property situation. I think the new place should be in both our names, and we transfer the title to her once we have the Decree Absolute. Am I right?

thanks!

  • Rickoshea
  • Rickoshea's Avatar
  • Elite Member
  • Elite Member
More
30 Apr 21 #516576 by Rickoshea
Reply from Rickoshea
Is the agreement detailed in the Consent Order going in with the Nisi and it can be included with that?

  • gooddadunderconstruction
  • gooddadunderconstruction's Avatar Posted by
  • Junior Member
  • Junior Member
More
30 Apr 21 #516583 by gooddadunderconstruction
Reply from gooddadunderconstruction
hi Rickoshea

thanks for your response! the transfer of the title to her is included in the MOU from the mediation agreement, which will be sent to the court when we get the Decree Nisi. Is that the same as Consent Order? Isn't that what we get when the judge ratifies the divorce?

thx

  • Rickoshea
  • Rickoshea's Avatar
  • Elite Member
  • Elite Member
More
30 Apr 21 #516584 by Rickoshea
Reply from Rickoshea
Probably worth reading the other section on Consent Orders as it sounds like you still have some bumps in the roads not least just the house purchase. The MOU can be basis of a consent order but I'm not sure it has any bearing on your divorce application as such as that is the marriage side of things rather than finalising your joint finances

divorce.wikivorce.com/guides-financial-s.../consent-orders.html

  • gooddadunderconstruction
  • gooddadunderconstruction's Avatar Posted by
  • Junior Member
  • Junior Member
More
30 Apr 21 #516586 by gooddadunderconstruction
Reply from gooddadunderconstruction
thanks! Yes I understand that, but for us, the finances is the only point of contention. Everything else is very clear and uncontested (well, in theory, even the finances are agreed now). We have submitted the divorce application, and my STBX has submitted her acknowledgement of service.

So given that, do you think it's premature for her to buy the new property in her own sole name (even though that is what we have agreed in the MOU)?

  • WYSPECIAL
  • WYSPECIAL's Avatar
  • Moderator
  • Moderator
More
02 May 21 #516596 by WYSPECIAL
Reply from WYSPECIAL
Until you’ve got a court order saying otherwise the new house would still be a marital asset regardless of it being in her sole name.

  • gooddadunderconstruction
  • gooddadunderconstruction's Avatar Posted by
  • Junior Member
  • Junior Member
More
06 May 21 #516648 by gooddadunderconstruction
Reply from gooddadunderconstruction
thank you!

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11