amicable is operating as normal COVID-19 FAQ’s

Amicable Forum

How do prove available funds for property purchase before financial settlement is processed

My Husband and I have agreed how to split our assets and have drafted a consent order. The funds will not however transfer to me until our current property transfers into his name, at which point I have no legal right to reside there. I need to find somewhere else to live. The estate agents will not let me view any properties unless I am in a proceedable position. How can I prove availability of funds when the mortgage offer will be in my husbands name? Will the consent order be acceptable?

Tracey at 03.06.2020 11:17:08

Views: 2074

Replies

Hi Tracey, most estate agents are protecting their sellers from time-wasters or snoopers and want to check that you are a real buyer. If your ex has a mortgage offer or mortgage in principle, estate agents should accept a copy of it as proof that you can proceed - though some estate agents will still insist that you have a meeting with their in-house mortgage adviser as well. Estate agents are used to dealing with people in your position, having to buy property after a divorce, so you can explain that the monies for the purchase will come from that. You will need to ask your ex for his permission to share the consent order with the estate agent, if they insist on seeing it. The fact that you will be a chain-free buyer should also be a positive for an estate agent. I hope this is helpful.

Emma at 09.06.2020 13:37:06

Reply to question

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.