Help with seperation agreement

BLUEBIE

Does anyone have any advice to offer regarding getting a seperation greement drawn up?

I am not worried about getting a divorce at the moment but do want to protect myself and my dd regarding our house.

I am married with one child.

I have remortgaged but have had to keep my husbands name on the mortgage as I wouldn't get one on my own. We have agreed that I will keep the house and pay the mortgage on my own.

He will keep his savings (its not a lot) and the car and other odds and ends.

We are amicable at the moment , but I am aware that could change so I want something in writing that says he has no right to the house. But I also want to do this as cheaply as poss. I have seen online sites that say they can write agreements up. Has anyone used them?

Or can anyone who has done this offer any advice?

Thanks

LandyAndy

How does he feel about paying the mortgage or having his credit rating ruined if you default on the mortgage

BLUEBIE

he wont be paying the mortgage i will. and i have no plan on defaulting? This is to ensure the roof over my dd head not the other way round. I am in a secure job, with insurance should i get made redundant or sick

bryanb

BLUEBIE wrote: »

he wont be paying the mortgage i will. and i have no plan on defaulting? This is to ensure the roof over my dd head not the other way round. I am in a secure job, with insurance should i get made redundant or sick

Things often change when it becomes less amicable. He will have legal rights as long as he is on the mortgage and Land registry entries. ( plus obligations of course)

LandyAndy

BLUEBIE wrote: »

he wont be paying the mortgage i will. and i have no plan on defaulting? This is to ensure the roof over my dd head not the other way round. I am in a secure job, with insurance should i get made redundant or sick

I'm not doubting your intentions.

julie2710

bryanb wrote: »

Things often change when it becomes less amicable. He will have legal rights as long as he is on the mortgage and Land registry entries. ( plus obligations of course)

That is not necessarily the case although you would need to go to court and get a court order stating the terms of the seperation and that as part of that he has no legal and equitable rights to the property.

They will however probably also expect you to try on a regular basis to transfer the mortgage into your sole name and will expect you to be able to prove that you have done this should any issues arise.

This is, I would imagine, a more expensive option than you were looking for but if both parties are in agreement shouldn't be too bad.

Good luck

bryanb

julie2710 wrote: »

That is not necessarily the case although you would need to go to court and get a court order stating the terms of the seperation and that as part of that he has no legal and equitable rights to the property

Good luck

Maybe but,I'm not sure that the court could order that he has no obligation to pay his mortgage if their circumstances changed. As long as he remains named on it he will be liable.

julie2710

bryanb wrote: »

Maybe but,I'm not sure that the court could order that he has no obligation to pay his mortgage if their circumstances changed. As long as he remains named on it he will be liable.

That is true which is why I said both parties would need to agree to this fully informed. I was answering the ops concern that he might try and claim against her home in the future.

The hope would be that as soon as she s able to she would get the mortgage and deeds in her sole name.