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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10458
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Hi, I am in the process of splitting up with my wife. We have

Resolved Question:

Hi, I am in the process of splitting up with my wife. We have no children and it is just the matter of property and possesions.
I have made an offer to buy her out of the house along with some of our possesions,
she has accepted my offer and I am having a loan from the bank to apy it. I also have an appointment with a mortgage advisor on Tuesday to deal with the mortgage side of things.
Do we need to put anything between us in writing and sign it regarding the money offer to buy her out and who is having what from the house and what is being left?
Many Thanks
Dean
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

If you both want a "clean break", then you will need to instruct a Solicitor to prepare a separation agreement or Consent Order. Both will confirm the details of the division of assets and would then normally prevent the other from claiming anything further in the future (in the case of a Consent Order, this is legally binding on both parties full stop, whereas the terms of a separation agreement can sometimes be challenged by one party at a future date if the circumstances of the parties change).

A Consent Order can, however, only be signed if you are going through a divorce, so ideally one of you will need to issue a divorce petition and once the Consent Order has been signed, you are safe in the knowledge that no further financial claims can be made.

I hope this assists and sets out the legal position.

Kind Regards

AL

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