What happens when you buy out an amount now and another amount later

[christmasclean]

If I payed off husband a lump sum now then another when teens have finished education what happens with mortgage does it still stay with his name on untill then? Or is it transferred to me upon first installment payment? If it remains joint with his name on deeds after divorce and first installment payed does that mean he could move back in if he wished untill last payment was made
I know what I mean in my head but it is hard to write down

[mumblechum1]

You need to separate the ownership of the house and the mortgage in your head.

If you are buying him out, the ownership of the house is transferred to you. The mortgage lender may not agree to take his name off the mortgage, and the usual way around that problem is for you to indemnify him (promise to take full responsibility for the mortgage) by way of a clause in the consent order.

So if your consent order says that you will pay him a lump sum of £200k in two instalments, one half payable this year and one in 10 years, the ownership of the property passes to you when you pay the first half but he has a charge (which is a second mortgage against the property( until you come up with the second half of the money.

So he can't come back to live in the property and can't force you to sell it unless you default on the mortgage or don't pay the second half of what's owed to him.

[christmasclean]

Ah I see thankyou so much