House contract in divorce

[Rivkah2018]

I have a 9 month old and my husband just said he's leaving me because he is gay. It's all a bit crazy right now. There were no signs.

We own our house but can't sell due to a neighbour dispute at the moment. At present he said I can have the house and he will walk away from the equity as my parents gave us the down-payment. I want to get this in writing as he is likely to change his mind once the guilt is gone. I can pay the mortgage on my own, but I can reapply for the mortgage on my own as I've been on maternity leave and just started a new temp job.
Can anyone suggest the right wording for this contract please? Any advice appreciated. Thank you

If you aren't ready to issue divorce proceedings right now, you should enter into a separation deed. That will cover everything except pensions.

The deed will include a clause agreeing that he'll transfer the house to you subject to the mortgage, but with you promising to use best endeavours to secure the release of him from the mortgage.

This means that the house is transferred to your name, but he's still legally on the hook for the mtg. Once you can afford to do so, you'll have to apply to have the mortgage account transferred into your sole name.

Alternatively you can issue divorce proceedings and get a consent order signed by you both and then approved by the court. The advantages of that are that it's easier to enforce and includes a pension sharing order if appropriate, the disadvantage is that it takes several months longer.

You need to get a divorce lawyer to draw up either or both of these documents, it's important to get it done properly and you both need legal advice.

Thank you very much