Hypothetical Question For You

[hammerman]

I have split with my wife and we've gone our separate ways...all ok at the moment. Now the house is in my name and i appreciate she's entitled to half the profits when sold.

But she wants to buy me out...no problems again. When it's completed and she owns the house, would i be entitled to half of it if we're still married?

Not being nasty, just trying to protect myself.

Thanks.

[fiction-factory]

You may find she wouldn't be prepared to buy you out unless you move out. Do you know what she expects in return for buying you out?

[bednobs]

a house presumably FF.

[fiction-factory]

^ yes, a house to herself I would guess, but these things are negotiable.

[NoMercy]

Err no. If she buys you out, the deal is done and dusted. You can't expect to be bought out and still have a claim on the property.

[ubasses]

Do you mean that if you agree to her buying you out, would you still be able to have a claim on half the house after the purchase has gone through?

[murraymints]

I expect she will ask you to sign a complete relinquishment of spousal rights upon sale.. I would !

[fiction-factory]

If you wanted to have a claim on the house then don't let her buy you out. It seems like one or the other to me

[Old_Geezer]

No expert, but it sounds to me that you would have already received your half. Can't receive it again.

[TWR]

I would think she would have the deeds & cert of Purchase, you would then be a lodger with no claim.

[naomi24]

If she buys you out she is giving you your share and the house becomes hers. As has been said, I too would want you to sign something to say you relinquish any further claim on the property.

[Peter Pedant]

Is this question really
In law can I have my cake and eat it ?

the answer is no by the way - you will have contractually given up your rights in return for moolah

[Tilly2]

Others have answered the question but I wanted to say that I'm sorry to hear about your break up, Hammerman.

[margobo]

A few years ago I split from my husband and bought him out of his share in the house. When I retired I put the house on the market and then he decided to go for a divorce and claim 'his share' of the house. I had not been advised well by my solicitor and this cost me lots of money I could ill afford. So seek proper legal advice. Good luck.

[Peter Pedant]

Hmm Margobo - hubby came back for seconds ?

I suppose the way out of this is to sell up now and crystallise the profit or loss - this is what we did when my co-inheritors were unable to agree a buy out value - but non-agreement at all costs was what one inheritor had in mind all along .....