Consent Order?

[sara1981]

My husband walked out after only 5 months of marriage, we cant get divorced for another 6 months. He says i can have the house which i have to sell but I dont want to buy a new place only to have him claim 1/2 once we are eligible for divorce.

What can I do that will make his statement legal? I thought about a Consent Order but I have been told that you cannot use them until you are divorced but I need something in writing sooner to give me peace of mind and so I can crack on with buying a new place.

I'd rather not have to pay a fortune on solicitors etc as we are amicable at the moment. I need something quick, easy and cheap but completely legally binding.

[Wak]

Just ask him if he will put it in writing (for your peace of mind?) and also ask if he will sign the form required to change the Deeds of the property from "Joint Tenants" (which will most probably show the names of both parties) to "Sole Tenant" which will only show your name.
A copy of the Deeds (if you haven't got them, although they will most probably be with the mortgage company) can be obtained on line from the Land Registry for £3.00 and then the form required (and instructions) can be downloaded for free. The Land Registry will help with any questions or requests you may have via e-mails.
Hope this helps although I think a solicitor would be worthwhile considering the value of what is involved.

[ummmm]

If you sell a house that is in joint names with his agreement, then buy your own house...there is nothing he can do. He can't come back and demand half unless his name is on the mortgage.

[fredpuli47]

Is there a mortgage? The mortgage company will want to know what you propose.

Whatever you do with the house , the divorce court can still give him a half-share of the proceeds.The court has limitless powers over what is owned by the parties and won't care who owns what .It can give the whole ownership of a house, which is in the name of one party alone, or the proceeds of sale, to the other, if that seems just.. It doesn't matter what the parties have done or agreed, or in what form the agreement is. I say that more as a warning to others who may read the advice here. In your case the marriage is very short, apparently the property issues are straightforward, and the other party consents and, presumably, knows his rights. The court is likely to agree, but won't do so unless it's satisfied that the result is just.

[Ramsbottom]

I would put it in a deed and put the reason for making the deed clear. Then he would have no reason to claim back any money from the sale of the house.