Separation and buying another home

[Flames]

Is a spouse able to buy another home to live in when going through a separation, without requiring the other spouse to sign anything? There's no agreement on assets and liabilities and it is my understanding that a family law declaration would need to be signed by both parties to enable the purchase of another property by one spouse, while still legally married. Also, if the property is bought as a 'buy-to-let' and the spouse lives in it, will this cause any issues legally?

 

[mf1]

If the property is bought with no mortgage, there is no Family Law Declaration required by the Purchaser.

If the property is bought with cash, unless there are very substantial assets, it could be viewed as deliberately seeking to reduce the assets available in the marital proceedings. Effectively seeking to usurp the Courts authority.

It would be a foolish person indeed who would seek to buy a property while going through a separation without getting agreement from the other spouse.

Every case is different, obviously, but if I was acting for the other side, I'd be saying, hold on now, let's sort it all out before you start going off buying a property.

mf

 

[Flames]

It was paid for with a mix of cash and a mortgage, so based on your response that means a Family Law Declaration was required for each spouse to sign? Cash used accounted for 25% of total gross cash assets. Other spouse didn't agree so wondering what you mean by it being foolish. In the eyes of a judge? The approach you suggest was tried with very reasonable arguments put forward to not proceed, but all objections were ignored....and property was purchased 3 months after separation started.

 

[mf1]

Best for person in the situation to talk to their solicitor.

mf