My ex is keen fo me to sign over the house to them. And has given me a date when they want to do it. But I don’t have anywhere to live it’s early days we have only been separated for for month and we haven’t even started divorce proceedings. So I have no idea if there are any other options open to me. I feel completely bamboozled. It’s like My marrital rights have just been forgotten and ignored!
Don't agree to, or sign ANYTHING until you taken the appropriate legal advice. If the other side badger you, just say that you are seeking your own legal advice and will respond in due course. You could start by calling the Wiki helpline and speaking with one of the helpful chaps there
Thank you. I have tried calling but no one has phoned me back. Is there an advantage to dealing with property separately before divorce proceedings? My ex just seems to want to pay me off so I just disappear but I have heard it would not be legally binding anyway?
For a financial settlement to be legally binding, it would need to be written up into a Consent Order (or be a judgment handed down by a judge) - the consent order can't go to court until after the Decree Nisi has been granted. While it's possible to agree in principle, unless there has been a full disclosure from both sides wrt the finances, it's not possible to make an agreement based on an incomplete set of figures. Don't forget that your housing needs have to be met as wella s those of your spouse's.
It could be that the other side is trying to bulldoze you into agreeing to an unbalanced and unfair settlement, just to secure a far more favourable settlement for himself - and to your disadvantage.
is there any advantage to it not be legally binding fo me? I could claim more for the property in the future? My husband thinks it is more their property because they put a larger deposit from inheritance in but we own it equally? And as you say it’s not simply about deposit anymore but many factors need to be considered!
I booked an appointment online but no one called. I have emailed and phoned
As for the division of the assets, it will depend on a number of factors. If you can post details about your respective ages, length of marriage, any dependent children, a list of all the marital assets (in joint and sole names), a list of the debts, respective incomes and outgoings, etc, people will be able to offer you a better overview of what would be "fair".
The helpline can be busy, keep trying - best to try between 9am and 5pm.
Sylvia is giving good advice. The financial disclosure doesn't need to be complete and detailed for a Consent Order but you do have to agree that each other's statement of finances is accurate, and indeed it must be honest or the order can be challenged and set aside (rule of thumb, you have a year except for gross fraud measuring in the millions). Basically if it would have resulted in a significantly different settlement had it been known.
Your name on the property is a very strong bargaining chip. Use it.