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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am currently separated from my wife and currently

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Hello, I am currently separated from my wife and currently paying half the properties outgoings (Mortgage, Utilities etc) My partners father has agreed to buy my share of the property and thus is asking for a legal document to be provided upon his terms that both my wife and I have agreed. My wife has visited a local solicitor to ask about doing this and has been advised that we would need to be divorced 1st before he drafted such a document or the document would not be legally binding and thus not satisfy my father-in-laws wishes. I fail to see why any financial document isn't legally binding from a solicitor if both parties agree to what is written within it and cannot see what difference not being divorced has to do with it. Can you please advice me?
Hi, thank you for your question. As you are separating and the home is a matrimonial asset there is a different process that needs to be followed in order to finalise the finances between you arising out of the marriage, and this is done once divorce proceedings have been pursued. If you remain married (albeit separated), both of you will have financial claims left open until the person who wishes to proceed with such an application remarries. Therefore there is no finality regarding financial matters until a financial agreement is approved by a court or the court makes an order. I would not suggest that you sell your share of the property to your father in law without first knowing further information: - how long have you been married- do you have any children together, if so what are their ages and arrangements for them to see/stay with each of you- what other assets and liabilities do you both have- how much equity is in the home- do you both work, if so what are your gross incomes
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