My wife has walked out on me and wants me to buy her out of her share in the house. How do I do this?
My wife has walked out on me. I am still living in the house and she has said that she wants me to buy her out. The house has a mortgage on it so how do I go about paying her off? I can get a bigger mortgage to cover her half but I would like to do this without large legal fees. Can you give me some advice on what I should do?
If you have agreed that she will have a half share of the equity (and you also agree how much that is) all you need to do is to have the property and the mortgage transferred into your sole name on payment to her of a lump sum. This would be done by a conveyancer and the fee would be fairly modest.
However, this on its own would not prevent her from making a claim in the future. If you have grounds for divorce, you could obtain a clean break Order once the divorce proceedings are under way, this would prevent either of you from making any further claims against the other.
If you don't divorce, you could enter into a Separation Agreement: this isn't enforceable in the same way as a clean break Order, but it would be good evidence that this is what you agreed at the time of separation.
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