Removing husband from house deeds but continuing to pay mortgage temporarily

[Welcometomylife88]

My husband and I are separating, my husband has caused this marriage breakdown, it not repairable and it is not safe for me or our child to live together with him as a family. If my husband is in agreement, can we jointly remove him off the house deeds so that I own the home and any equity within the house. He will move in with his dad and I will sell our family home to move into something smaller that I can then afford on my own. Can we do this with him on the mortgage temporarily until I can then find a smaller property to move in to? It sounds unfair but it’s unfortunately needed, I do not feel safe living with him with our child. I can’t disclose the details on here but it is serious, I need to protect myself and our child.

I’m sorry you’ve gone through this and well done for taking steps to keep yourself and your child safe.

I don’t think you can have someone on a mortgage who’s not the homeowner unfortunately (unless it’s a specific guarantor mortgage). You should establish whether you are joint tenants or tenants in common, which will guide you as to next steps. If he’s happy for you to have all the proceeds of the sale (net of mortgage) then there’s no reason he can’t remain on the deeds, and contributing to the mortgage, until the house is sold.

Is he happy to gift you the equity?

The rights and wrongs of the marriage don't affect the financial split, you don't get paid extra to compensate for one party's poor behaviour.

The starting point on a shared property would be a 50:50 split, but with housing needs being taken into account. They wouldn't expect him to live with his Dad permanently, so it sounds as though he needs his equity to house himself. They would also look at both your ability to earn and who would be housing the children. It would be extremrly unlikely you'd be awarded 100% of the equity, leaving your exH homeless, unless there are significant other marital assets.

I can’t see the advantage of your suggestion. Why doesn’t he just stay as an owner until it’s sold?

This.

If you are both on the mortgage won't you need the mortgagee's consent and then have to make a new mortgage application?
Would your salary be enough to support the mortgage?

I think you need professional advice asap, even if that feels unaffordable.

The mortgage is secured on the asset so normally if he's on the mortgage he will need to have a stake in the asset. @MaidsRoom summarised it well.

Also consider the risk that if he loses all stake in the house, or just foresees losing it all, he might stop paying his contribution to the mortgage anyway. Quickest and safest might be keep it in joint names and just close the sale asap. Him taking some equity is not unreasonable irrespective of how he's hurt you I'm afraid, but also it gives him a pragmatic motivation to get the house sold, which is ultimately how you get free of him.