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Separation, house ownership without mortgage liability

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Hi, my partner and I are separating. We currently have joint ownership on our property with a small mortgage to pay off. We have two teenage kids.
To stablise things for the kids, my partner wants to stay in the property. I'm fine with that, but I want to know that when they're grown she will sell the house, or buy me out.I would want her to take on the mortgage.
Does anyone know if there are any legal structure to give me a share in the house without liability for the mortgage? I have a solicitor, but wanted to get some ideas.
Many thanks.


  • Comms69Comms69 Forumite
    13K posts
    10,000 Posts Third Anniversary Name Dropper
    She can provide an indemnity agreement, but they're pretty worthless. 

    If she cant afford to pay the mortgage, she's not going to have money to pay you. 
  • onwards&upwardsonwards&upwards Forumite
    3.2K posts
    1,000 Posts Second Anniversary Name Dropper
    Why would the mortgage lender agree to let you have half the house with no responsibility for paying for it?
  • pphillipspphillips Forumite
    1.1K posts
    1,000 Posts Fourth Anniversary Name Dropper
    Yes, the legal structure is called "deferred charge" which you combine with a Mesher order.
    With this arrangement, the property is transferred into the name of the occupying spouse and non occupiers interest is represented by a charge over the property. The charge can't be enforced until the trigger event in the Mesher order occurs. However, the mortgage lender may refuse to release the non- occupier or may demand an indemnity from them.
  • shiprob195shiprob195 Forumite
    745 posts
    Part of the Furniture 500 Posts
    I have a similar agreement with my ex husband. We agreed (through solicitors) that the house was worth x amount. Then we decided the % split. Agreed on the trigger conditions, and submitted it as part of the separation/divorce. 
    Ten years on the house has increased in value and one of the triggers will be met next June, so I will have to settle the “charge”.
    We agreed on a fixed £ rather than a % of the value of the house at the time of the trigger. 
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  • pat-pat- Forumite
    2 posts
    Name Dropper First Post First Anniversary
    Thanks @pphillips and @shiprob195, that's really helpful. I thought I had heard that this was possible. I'll investigate Mesher orders now.
    Thanks again
  • unholyangelunholyangel Forumite
    15.6K posts
    Part of the Furniture 10,000 Posts Name Dropper
    One thing to consider.....what are you going to do for accommodation in the meantime? There's potentially CGT & SDLT issues. Not saying you shouldn't do it, just make sure you're going in with eyes wide open. 
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
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