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Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.
I understand what you want to do but I am not clear about the question.
Are you asking whether you can buy her out and get a mortgage with your girlfriend while still legally married to her?
Does you former spouse agree?
So she will not agree to your buying her out?Have you started a claim at all?
You cannot force her to let you buy her out without a court order.
You don't need to get a divorce but you will need to at least start a legal action and then seek an order for the sale of the house but where you get the right of first refusal.That would mean that you would list the house, and wait for an offer and when you got one you could make the offer for the same amount yourself and then buy it.
If she cannot afford to buy the house herself then the Court will grant you this order.
Does that help as a starting point?
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But you need that court order.
What I am saying is that the court will likely grant you that order if you can afford to buy your spouse out but she cannot afford to buy you out.
Is there anything more I can help you with at this point in time?