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Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Family Law
Satisfied Customers: 33008
Experience:  Award winning lawyer with over 15 years experience
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Buying a house before divorce. My Nisi comes through on 27th

Customer Question

Buying a house before divorce. My Nisi comes through on 27th june. I have a house in mind and my mortgage offer finishes19of July. Can I buy my house before my divorce? No marrital assets are being used to buy it and my ex has his own house. We dont intend to claim anything off eachother.
JA: OK. The Family Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: Yes. He says i will have to have my divorce and finances sorted out. I dont have time as my mortgage offer will finish and the people who are selling the house want to complete asap
JA: What advice did they give you?
Customer: Am worried that due to the time scale i will loose my house. The papers got lost so have taken more time so not my fault
JA: It's hard to know for sure. The Family Lawyer will figure it out. Is there anything else important you think the Family Lawyer should know?
Customer: Can I buy my house. We have been seperated for 2 and a half years now
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Thomas Judge replied 1 year ago.

Let me see if I can help and please rate positive.

Arguably the ex would be potentially able to claim against assets during the marriage. It would be a good idea to simply get the ex to confirm in writing (if this is possible) that they have no claim/interest in the property. That basically both of you are undertaking a clean break and make no claim (if this is correct) against the other. Happy to discuss but please rate positive.

Expert:  Thomas Judge replied 1 year ago.

Another option is to enter into a Separation Agreement, which would set out the basis of a financial court order once the divorce is finalised. However I should point out that the court is not able to approve your financial order until you have been through the divorce process to the point of Decree Nisi. And remember only the court can make that agreement binding, final and enforceable. That said a judge will rarely overturn a private separation agreement that has been negotiated, providing both parties received independent competent legal advice. There needs to be full disclosure of all the relevant financial circumstances, so that the overall agreement is fair. But until the judge has approved the settlement and given it the status of a court order, your new house may be vulnerable. I hope that helps and please rate positive.