Separating. Coming to mutual agreement
Separating. Coming to mutual agreement
Author
Discussion

imck

Original Poster:

809 posts

124 months

Saturday 3rd August 2024
quotequote all
I am separating from partner of 27 years. It is amicable.
In our late 40s and early 50s. No children.

I am buying her out of the house. She is moving back overseas (Europe)
We have come to a figure based on house valuation and outstanding mortgage. Agreed by both of us.

The money will take a few months to come through. We have agreed an interim figure to get her started.
The deeds will need to be changed to me and I will need to take the mortgage over (or get a new one).

She would understandably like to formalise this to cover herself. i.e. Full outstanding payment by 1st December
We are only a week into this.
She will be moving overseas permanently in the next couple of weeks.

Does this sound straight forward?
It is very amicable and neither of us want to waste any more money than is absolutely necessary.


scorcher

4,063 posts

251 months

Sunday 4th August 2024
quotequote all
Sounds similar to my split . Get a seperation agreement written up. Work out what you both want on there between you, any particular assets that each party is keeping and how much cash she’s getting from the remortgage etc and get it drawn up and signed and witnessed if need be. I’d say get a solicitor to do it but if she has no legal standing to any of your pensions etc I wouldn’t bother ( again ) personally. My solicitor virtually copied word for word what I had given him, then charged me 3 hours at £250 an hour for the privilege . Total waste of time. If you can get someone to do it a lot cheaper then maybe go for it.

Miserablegit

4,308 posts

126 months

Sunday 4th August 2024
quotequote all
By “Virtually” you mean “saved me a fortune having to remedy my errors years later down the line”.

Get some professional advice now and save any issues later. You’ve then got somebody to sue if it goes wrong.

imck

Original Poster:

809 posts

124 months

Sunday 4th August 2024
quotequote all
Thanks for the reply

Assets are sorted already. Just furniture and household effects.

It is just the figure agreed for me to take on the house and timelines we need to record.

Sheepshanks

37,829 posts

136 months

Sunday 4th August 2024
quotequote all
scorcher said:
…..but if she has no legal standing to any of your pensions….
How do you determine if that is the case?

scorcher

4,063 posts

251 months

Sunday 4th August 2024
quotequote all
Miserablegit said:
By “Virtually” you mean “saved me a fortune having to remedy my errors years later down the line”.

Get some professional advice now and save any issues later. You’ve then got somebody to sue if it goes wrong.
It was 99.5 % word for word. Nothing was added or taken away. He just changed a couple of words. Nothing legal. He even got a couple of figures wrong first time around which he only had to copy. He even discounted the two phone calls he made to me at £30 a time otherwise the bill would have been higher.

scorcher

4,063 posts

251 months

Sunday 4th August 2024
quotequote all
Sheepshanks said:
How do you determine if that is the case?
If you’re not married, she’s not entitled.

Jeremy-75qq8

1,441 posts

109 months

Sunday 4th August 2024
quotequote all
Just to clarify you are not married ?


journeymanpro

875 posts

94 months

Sunday 4th August 2024
quotequote all
You'll need legal forms sorting for land registry. I'd suggest you speak to your mortgage provider quickly as when I did this it took some time. My ex had to visit solicitor in person to sign the TR1 forms to make sure she wasn't being coerced into anything.

Sorting those forms etc will be a massive pain if she is overseas.

Robertb

2,804 posts

255 months

Sunday 4th August 2024
quotequote all
I would engage a solicitor, if only to ensure that you aren’t victim further down the line of your ex coming back for more. It does happen, even though you’re on good terms now.

av185

20,464 posts

144 months

Sunday 4th August 2024
quotequote all
scorcher said:
Sheepshanks said:
How do you determine if that is the case?
If you’re not married, she’s not entitled.
Provision for family and dependents Act 1975 give unmarried cohabitees some protection.

Also you need to be aware of aspects of Promissory Estoppel giving rights to unmarried couples.

Edited by av185 on Sunday 4th August 16:52

anyoldcardave

867 posts

84 months

Sunday 4th August 2024
quotequote all
imck said:
I am separating from partner of 27 years. It is amicable.
In our late 40s and early 50s. No children.

I am buying her out of the house. She is moving back overseas (Europe)
We have come to a figure based on house valuation and outstanding mortgage. Agreed by both of us.

The money will take a few months to come through. We have agreed an interim figure to get her started.
The deeds will need to be changed to me and I will need to take the mortgage over (or get a new one).

She would understandably like to formalise this to cover herself. i.e. Full outstanding payment by 1st December
We are only a week into this.
She will be moving overseas permanently in the next couple of weeks.

Does this sound straight forward?
It is very amicable and neither of us want to waste any more money than is absolutely necessary.
Been seperated 9 years and did this, on trust, still friends, she is actually here with me today. Wlking the dog to give me a rest. bless her.

Only you know if trust is enough, if you feel the need get legal advice and things drawn up. Which posting here suggests you would prefer to do.

There is no one way fits all.

WrekinCrew

5,235 posts

167 months

Sunday 4th August 2024
quotequote all
Is there a stamp duty liability on the 50% house value?

(Son in similar position)

ThingsBehindTheSun

2,281 posts

48 months

Sunday 4th August 2024
quotequote all
Robertb said:
I would engage a solicitor, if only to ensure that you aren’t victim further down the line of your ex coming back for more. It does happen, even though you’re on good terms now.
100% this, imagine if you come into an inheritance or win the lottery later down the line.

Or even if she loses all her money and decides to "get what she is entitled to"

Get it 100% full and final watertight.

Jeremy-75qq8

1,441 posts

109 months

Monday 5th August 2024
quotequote all
Depends if married which the op has not specifically confirmed yes / no

imck

Original Poster:

809 posts

124 months

Monday 5th August 2024
quotequote all
anyoldcardave said:
Been seperated 9 years and did this, on trust, still friends, she is actually here with me today. Wlking the dog to give me a rest. bless her.

Only you know if trust is enough, if you feel the need get legal advice and things drawn up. Which posting here suggests you would prefer to do.

There is no one way fits all.
Thanks Dave.

We are in a very similar position. We want to remain in contact to know that each other is doing OK.

My question on here was on her behalf.
I know I will pay. She knows I will pay. Just that her whole future depends on it, there is a very slight worry.

megaphone

11,260 posts

268 months

Monday 5th August 2024
quotequote all
I've seen this company advertised, have no experience of them.

https://amicable.io


2 GKC

2,199 posts

122 months

Monday 5th August 2024
quotequote all
WrekinCrew said:
Is there a stamp duty liability on the 50% house value?

(Son in similar position)
Yes there will be assuming 50% is greater than threshold for SDLT

imck

Original Poster:

809 posts

124 months

Monday 5th August 2024
quotequote all
Thanks to other posters too.

We are not married.
House about £340K. Settlement will be £150K.

There is 100% mutual trust.
Sorted contents yesterday. She is taking the knife block. Then told me later that she had ordered me a bread knife.
An item from my family that I really like but I know she loves, I insisted she takes.

I think we have settled on a £25 online doc that will lay out our intentions and my commitment.

Jeremy-75qq8

1,441 posts

109 months

Monday 5th August 2024
quotequote all
No so clear cut

https://www.gov.uk/guidance/sdlt-transferring-owne...

It depends if there is chargeable consideration above the sdlt value limits.

Chargeable consideration is half the mortgage ( if you have one ) plus any other consideration which may or may not be involved.

The value is not relevant only the consideration