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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34235
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I am due to sign my house over to my (soon to be ex) Husband. We

Customer Question

Hi
I am due to sign my house over to my (soon to be ex) Husband.
We have a verbal agreement that he will then pay me a sum of money.
For financial reasons he is unable to obtain this money before I sign my name off the mortgage.
Is there any sort of legal agreement I can have him sign to safeguard my interest in the property?
Thank you
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help youHow far has the divorce actually reached?
Customer: replied 2 years ago.

Hi

We haven't started divorce proceeding so question isn't around divorce it is purely to ask whether I can get a written agreement from my partner which would hold in a court of law which states he will pay me X amount.

Thank you

Expert:  Clare replied 2 years ago.
I asked about the divorce proceedings as if they had already started the best way of dealing with the matter would have been to have a Consent Order sealed by the Court confirming the payment to you as that would be enforceable.Since the proceedings have not yet been issued you could settle for a Separation Agreement instead.In any event you will retain a claim on the property so long as you are married - no matter whose name is ***** ***** deedsI hope that this is of assistance - please ask if you need further detailsClare
Customer: replied 2 years ago.

Thank you.

I have read that separation agreements aren't legally enforceable. Is this the case, and if so is this a bit of a risk when signing my name off the house?

Also could you let me know the best way of drawing an agreement such as this up. Does it have to be done through solicitors to be enforceable or could we do it ourselves?

Thanks

Expert:  Clare replied 2 years ago.
They are not enforceable as such - but the Family Court will follow them if they are fair.In fact there is more risk to your ex than to you as you could turn round and demand more!This is a good an outline as anyhttp://www.separateddads.co.uk/sample-separation-agreement.html
Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Hi

My ex has funds in place to pay me for my share of the house, and I have the paperwork to sign my name off the mortgage. He is concerned that he would be at risk by signing a separation agreement. Is there anything more enforceable or any other way we could do this other than involving solicitors. Or as a last resort is there any agreement we could easily obtain from a solicitor which would be more enforceable than a separation agreement but less hassle than a divorce at this point?

Thank you.

Expert:  Clare replied 1 year ago.
Since the Separation Agreement protects HIM and not you that seems odd.Is he raising the money to pay you by way of a remortgage?
Customer: replied 1 year ago.
No is isn't. He had the funds from elsewhere.
Expert:  Clare replied 1 year ago.
HI
Then may i ask why he cannot pay you at the same time that the Transfer is signed?
Clare
Customer: replied 1 year ago.
That's the plan, to pay me at the point I sign the house over to him, but he has been advised if we do not do this as part of a divorce or a standing legal agreement that I can approach him at any time and dispute the payment or the fact that I have signed over the house. So I am trying to identify the best way to assure both parties that the payment he will make to me will be in full and final settlement of my % ownership of the house.
Expert:  Clare replied 1 year ago.

This is exactly what a Separation Agreement will document - which is why I suggested it.

There will be clear evidence that the property was transferred in exchanged for a capital payment - the Separation agreement will simply confirm that you accpeted the sum in full and final settlement