Joint morgage. How can I protect my equity if I'm the one paying

[3children5shoesnobrush]

He's outta the picture . I can't afford to buy him out . But want to safe guard what I'm putting in. Is it possible ?

Then in 11 years youngest is 18. Where would I stand legally. Thanks.

Are you married ?

If the answer is yes you’d need a mesher order which states what -% he’s due
usually you pay mortgage and release him from
it but his share of capital is deferred

if not married you’d need to put the house as tenants in common and agree % ownership with a deed of trust, again usually he’d need removing from the mortgage

does he agree his share and it’s deferral ?

Oh and usually despite paying mortgage in full his state is retained as you get dole benefits of the asset, he has to pay to live elsewhere and his capital is tied up so he can’t invest that elsewhere while you have the benefit of it

well it depends on what is agreed and ordered. Whilst you can try to fix his stake in the property it hugely disadvantages him. He can’t grow or invest his capital, because you are using it.

In all likelihood this is the price you pay for a mesher order or equivalent. His interest in the property is accruing at your expense. Usually because he cannot buy and has to rent.

If you don’t like that then give his his share now. This is why mesher orders aren’t the best option.

Thanks guys . No not married.

He does not know that I've been offered the opportunity to stop our home ( mine and the childrens) being reprocessed.

Well you’ll need to move ownership to tenants in common and get a deed of trust stating his shares / ownership. That’s the only way to ensure when you sell in tears to come he’s not due 50% of any equity. And can agree that he takes 10/20/30 or whatever is the right amount. Both of you would need to sign it. Can you release him
from
the mortgage and take out in your sole name?

Speak to a solicitor, it's perfectly possible to do. Probably cost under a grand for peace of mind.

As you are not married and I assume own as Joint Tenants, there’s not much you can do about this without his agreement.
If his name is on the mortgage, he would not be able to get another mortgage to buy his own house so he’s tied up his money in the joint property. Whilst you’re ok paying the whole mortgage, he could technically charge you rent for his share of the property which he could argue will go towards the costs he will incur from renting his own home.
You need to look at what you’d be able to afford should he take you to court to force a sale, which he is entitled to do. That threat will hang over you for as long as you own the house jointly. A Mesher order will not apply as you’re not married.

Or they can change to tenants in common in unequal shares as outlined

but removing him from mortgage will be important

snd both parties will need to agree the deed

Sadly I cannot buy him out .

Well, you’re options are

buy him out completely and take on whole mortgage and give him his share now

sell up and split 50:50 and give his share now

get a deed of trust in place you both agree to that allows you to defer his share and agrees the % he’s entitled to, you’ll be expected to take on full mortgage - can you do this / have you passed affordability tests with lender ?