Protecting Your Assets During Separation

Buying a House During Divorce

Buying a property before your divorce is final can be risky. Your new home could be considered a matrimonial asset. Our expert family law solicitors provide urgent advice to protect your purchase and ensure it is not included in the financial settlement.

The Risk of Buying a House Before Your Divorce is Final

Until a legally binding Financial Order is sealed by the court, you are still financially tied to your spouse. This means any new, high-value asset you purchase—like a house—could be considered a 'matrimonial asset' and become part of the financial pot to be divided.

The Solution: How We Protect Your New Home

It is vital to secure a legally binding agreement before you commit to buying a new property. We provide two main solutions to protect you:

Financial Consent Order: We will prioritise negotiating your full financial settlement and drafting a Consent Order. Once this is approved by a judge, your new property will be safe from any claim.
Separation Agreement: If you need to buy before the divorce is finalised, we can draft a formal Separation Agreement. While not as watertight as a court order, it clearly records the intention that your new property is yours alone.

Do Not Proceed Without Legal Advice

Proceeding with a property purchase during a divorce without a solicitor's advice is a significant financial risk. We offer a fixed-fee consultation to review your situation and advise on the safest way forward for you.

Book a Consultation

A family solicitor from Wildlings providing expert advice on buying property during a divorce

Protecting Your New Beginning

Buying a new home should be an exciting step towards your future. Our family law solicitors work diligently and quickly to put the necessary legal protections in place, allowing you to proceed with your property purchase with confidence and peace of mind.

Pragmatic & Proactive Advice: We give you clear, straightforward advice on the risks and how to mitigate them.
Joined-Up Legal Expertise: Our family and conveyancing teams can work together to ensure a seamless process.
Fixed-Fee Consultations: We offer a fixed-fee initial meeting to assess your situation and provide a clear plan.

Get Your Purchase Protected

"The Advice I Was Given Was Clear and Helpful"

"I was daunted by the financial side of my divorce. The team at Wildlings were brilliant. They explained everything clearly, were very efficient, and secured a financial settlement that was better than I had hoped for. A very professional service."

- Google Review

"Dealt with my case in a very professional but friendly and approachable manner. The service was excellent and communication was very good. I was always kept informed of any developments. I would highly recommend this firm of solicitors."

- ReviewSolicitors Client

"The service was nothing short of excellent, kept up to date every step of the way. When required, everything was explained in a clear and concise way enabling me to make informed decisions. Would definitely recommend."

- Google Review

Questions About Buying a House During Divorce

Will the court automatically take half of my new house?

Not necessarily. However, the value (equity) of the property could be considered part of the total matrimonial pot to be divided. The safest way to prevent any claim is to have a legally binding Financial Consent Order approved by a judge before you exchange contracts.

Should I wait until after the Final Order to buy a property?

This is the safest option. However, we understand this is not always practical. If you need to buy sooner, getting a Financial Consent Order sealed by the court is the next best thing and provides the protection you need to move forward.

How will getting divorced affect my mortgage application?

Lenders will assess your affordability as a single applicant based on your sole income. They will also want to see that the financial arrangements with your ex-spouse are formalised in a court order to ensure there are no ongoing liabilities that could affect your ability to make repayments.

Take the Right Step, the Safe Way

Before you make an offer on a new home, take the crucial step of getting expert legal advice. Contact us for a confidential, fixed-fee consultation to protect your purchase.

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