Will my ex have to sign something to agree for the equity from a jointly owned property to all go into my new solely owned property? | LawHive - Solicitors & Lawyers Online
Will my ex have to sign something to agree for the equity from a jointly owned property to all go into my new solely owned property?
I am looking at moving house as currently jointly own a property with my ex partner. He wants me to have all the equity in the house to use towards my new house. We haven’t done a clean break order or divorce, will he just have to sign something initially to agree for the equity from a jointly owned property to all go into my new solely owned property and would this only come up when my a solicitor is processing my new purchase? Or should we be severing the joint tenancy first to become tenants in common? Once the house move is sorted we will then sort the divorce and clean break order. We are in agreement and I know he could potantially change his mind but we do have two young children and he knows we could stay in this property until the children reach 18. Thank you in advance

Anonymous

9th April 2022

Top Answer
Solicitor (no longer in practice). It's likely that the best way forward is for you now both to instruct separate solicitors to advise you independently. Once your agreement has been confirmed between solicitors ,your solicitor can then draw up a formal Separation Agreement to confirm the details of the agreement including the details of the order that you will ask the court to make when you divorce. There's no absolute guarantee that the court will make that order but if you both have proper legal advice, the court is unlikely to interfere. Your solicitor will be in a better position to advise as they will have all the relevant information

Carol Lewis

9th April 2022

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