Does she need a mortgage or would you be buying the house out right?
I suggest that you buy the property, in the short term, in your name only and you then “rent” the property to your daughter.
It’s much cleaner and easier that way and then, when the divorce is finalised and all the finances are resolved, you can transfer the property to your daughter for no consideration/love and affection and hence, there would be no stamp duty payable on the transfer.
If the property is in your daughter’s name, and there is a deed of trust, he can start to allege the invalid city of the deed of trust as a way of avoiding him getting any share of the property.
If the property was bought after they split up, he has much less chance of getting his hands on it but it’s better not to have the argument in the first place and of if the property is your “investment property” there is no argument to be had.
You could put it in her name but then have a legal charge in respect of the money whereby if the property is sold, you get repaid but that’s open to challenge. Difficult to challenge but nonetheless better not to have the argument.
If you have other children, make sure that you note in your will, that this property goes to your daughter and explain the reason why.
Can I clarify anything for you?
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