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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am currently going through a divorce (uncontested) and I

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I am currently going through a divorce (uncontested) and I am named on the mortgage. My question is am I able to buy a property outright (no mortgage) whilst still being named on the mortgage mentioned previously?
Thanks *****

Hi, thank you for your question. Yes that is possible, however you should be aware that if no financial settlement has already been reached then your new property will need to be considered as part of negotiations.

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Customer: replied 1 year ago.
Thank you for the response. We are not contesting any finances. It is only the house, which my spouse has been paying the mortgage since we split up. We have decided that the house is hers. I expect no money from a sale, if that is how she proceeds, and as I mentioned I am not contributing to the mortgage. We have done nothing from a legal stand point however. Is this what you referred to as 'financial settlement'?

No worries. As you are married, you should be aware that divorce does not end the right for either of you to make a financial relief application against the other. This right to claim only on the potential applicant remarrying or a court order settling the finances. You should therefore consider undertaking some negotiations to come to an agreement regarding finances which can be reflected in a court order, especially as you are intending on buying a mortgage-free property.

Customer: replied 1 year ago.
The court order itself, how would I go about organising it?

It would be best to instruct a local family law solicitor to prepare this if agreement has been reached and it is called a consent order. It specifies the agreement and discharges each of your rights to claim against the other in the future. Alongside the consent order you will both need to complete a D81 form which is a simple disclosure of your financial positions as the court will need to ensure that the settlement is fair for both parties before approving it.

Customer: replied 1 year ago.
I believe that during the divorce application process I have filed out a d81 form. Is this standard practice?

No, unless it has been accompanied by a consent order then the court will not deal with the D81 by itself

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