Do I need it writing?

[sparkle2345]

My husband is moving out of the family home and I will be then paying the mortgage etc

Do I need to have that in writing etc because when we eventually sell in (possibly 5 years)
The house I will have paid more in than he has?
It will Be going into Our joint account till things are sorted so would be able to be tracked

We have only split up this week but issues due to his cheating have been going on for a year

Any advice would be helpful

afaik,
HE needs it in writing, as a mesher order, else he will get capital gains tax levied on any gain house price value (his half) when you finally sell.

Mesher order also protects you from him pressuring for the equity release any earlier.

Are you planning to sell when children reach a certain age, or did you want to delay for another reason?

I don't know
Possibly
Things are all very new so I'm just looking at the best way to safe guard my children who are 16 and 10

Speak to a solicitor and don't do anything until then would be my advice. My ex moved out and rented a place but he had to pay his share of the mortgage till it was sold. Do you earn enough to have the mortgage changed into your name? There's lots to work out. Best to get legal advice.

It won’t make a difference to settlement that you’ve laid the mortgage
he can claim occupational rent and will incur costs to live elsewhere and settlement will be based on assets available and needs at time if divorce. Don’t think that by paying the mortgage you’ll be due more as you won’t

Thank you
I appreciate the advice
I do plan to seek legal

I would expect him to assume that you pay he mortgage because you are occupying the whole home. When you come to sell he will still co own the home and his share and your share will be based on needs. I expect your needs will be reduced in 5 years.

Divorce splits are not based on what either party paid in at any stage of the marriage.