Separated and moving out - advice needed please

[Whoneedsaman]

Hi everyone.
I've been in the unfortunate position of having to share my house with my ex after separation. We've been doing this for 2 years now!!! (House isn't selling) I need to go and rent somewhere for my own sanity now and he's said he'd like to try and keep the house, remortgage in 2 years, when it's due and pay me out (I won't be paying the mortgage in this time) and I'm happy with the timescale etc.
We are married and my name is in the mortgage. Our plan is to get divorced 2 years after I've moved out, so it's easy and cheap.
My question is, after 2 years (possibly more) of living apart and not paying the mortgage am I still entitled to half of the house????
Really grateful for anyone's help and advice on this. Xx

I would recommend a clean break
He wants to stay in the house, then he needs to buy your half of the house. If he can't afford that on his own, then you sell the house & split the proceeds.
I would do this before moving out
Why are you waiting to divorce, if you have been separated ? Get the ball rolling
What are you waiting for ?

If your name is on the mortgage, you own half the property

Thanks for responding. We've been trying to sell for 2 years. Can't reduce the price any further without being in negative equity ☹️. Reason for waiting for divorce is just to make it cheaper.
So if we're still married and my names still on the mortgage I'm still entitled to it, no matter how long it's been since I've paid anything to it??
Thanks for your help 😊

But if it would be breaking even if you sold then there's no equity to split?
My XH had something similar, he moved out and I lived in it for 1.5 years, paying the mortgage alone. In order to buy him out I had it valued and the equity was 50k, so I got an advance of 25k on the mortgage for him, so the equity was spilt evenly between us.

Thanks! So your xh was still entitled to half?

Nobody knows what you or he would be entitled to after 2 years. He could become ill and unable to work.

The best thing to do is to agree the basis of the future split with him and the arrangements for the house over the next 2 years. You both should be clear about a number of issues.

He wants to occupy 100% house but owns 50%. This means that he should be paying you "rent" for your half. Ideally this would equate to your mortgage payment and this would be neutral.

Other issues that need to be resolved are

• Insurance and house ownership costs, you both need to pay if you own the house
• Repairs and improvements, how will these be agreed and paid for
• can he move someone in and if so on what basis

Sell the property via an auction, you can set a minimum price of sale

Why would you move out a property that you half own & waste money renting somewhere else ?
Stay where you are
Sort out the selling or buying out asap
Get the divorce started

Well we agreed to that without solicitors involved (although we both needed one to get the house transferred into my name) but I would have expected solicitors to give us the same advice.
While it was in both our names he had exactly the same rights as he did before he moved out.
We still aren't divorced so I guess if I died he would inherit the house as legally he's still my next of kin.