We've already got our Decree Nisi, and have agreed finances between us as follows:
- Matrimonial home (he lives there, I am currently renting) - worth £375-400k, Mortgage (still in joint names) £175k - we've agreed £100k to me for my equity, and I come off mortgage/deeds - he pays fees for doing this
- His business - I'm a shareholder and director, never taken anything from it, Limited Co, supports him only (no employees) - I will sign over
- My 2 pensions - have CETV values, not worth much as first one was my first job where I earnt relatively little and left over 19 years ago second one is current job, only been there 4 years - I retain both
- His pension - very small - he keeps
- We had no savings, although both have built up some since separating - we just keep our own
- Both earn around the same
- 2 DC, one independent, one dependent, 50/50 shared care, no maintenance
We're both happy with this, luckily all is amicable now.
The issue - because of the way he pays himself (small salary and then dividends), he is struggling to raise the £100k via a remortgage to pay me. I am desperate to come off the mortgage so I can buy not rent, so have said if he can just get me off, I will sign the house over pending when he can pay me. I know this sounds odd and risky but....hear me out.
MIL (his DM) is 94, very frail, and in a care home. Will is joint executors (me and exH) - and split 25/25/25/25 between the 2 of us and our 2 DC. Currently this would be worth c£150k each (even with care home fees, with rental income and pensions, it's 'only' reducing by about £20k a year in total). I don't want this money - it feels wrong as we are divorcing, and I will split my share 3 ways. Obviously this doesn't form part of the divorce as she's still with us.
Should I agree to come off the mortgage and sign the house away without receiving my £100k - on the basis that as a joint executor he can't shaft me and not pay when the time comes as I would have to joint sign paperwork with solicitor at that time?
And does the settlement seem fair enough to get consent order agreed?
And finally - does the court then need to see evidence that he has paid me the £100k, or is us signing to say this is what we've agreed (even if then the money takes more months/years) ok?
Thanks in advance.