Advice forum

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Buying my partner out of property - over fixed period

30.11.2020 17:45:34



My ex-partner has stated that they will only accept my petition for divorce if they get 50% of my pension and 50% of the equity in the home once it is sold. (I have no problem with this).

However, my ex wants to sell immediately to have access to the equity.

I am neither in a position to remortgage, because of my credit rating, or to sell because I will struggle to rent a property suitable for when I have our children (3 children, I have them each week, every other weekend and some school holidays).

I would like to offer to buy my ex out of the property over a 4 year period at a set amount per month.

Do you know if there is a mechanism for doing this? And, should my ex challenge it, would the court consider my offer a suitable one? Is this what a consent order is for?

Thank you in advance.

Replies (1)

11.06.2021 11:09:28

Hi C.Lomas,

Thank you for your question.

A mechanism for this would be a consent order, however, you can only sort out your finances once you are at the Decree Nisi stage of divorce, and have received your Decree Nisi certificate.

A cosent order is an agreement between you both and requires both of your signatures. In a consent order, you can agree when you will sell and asset and how the equity will be split between you. It's important to note the general starting point is a 50/50 split, however the court take into consideration multiple factors when deciding if this agreement is fair.

I hope that helps and please book in a free call if you would like any further assistance.


If you are happy for amicable to contact you in the future for marketing purposes, as well as for help and advice on divorce and separation then please tick the boxes below to tell us all the ways you would prefer to hear from us. You can read about how amicable may use your data here, and withdraw your consent at any time.

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.