Married, living separately, he is buying a flat..

[StripeyChina]

H and I are married 18 years but for the last 2, for various reasons, we have lived separately (financially and physically). we have a joint mortgage on a house however and that will be retained.

He is wanting to buy a flat. No desire for Separation agreement or divorce.

What sort of position would that put me in?

Would I be liable for any debts? would I have any rights re the flat?

You can't be liable for any debt not taken in your name.
You could, possibly have a claim on the property.

< not a lawyer >

Why does he not want a separation agreement?

In relation to what is classed as matrimonial property depends on when the date of separation is. Would you say this was 2 years ago? Would your answer differ from his?

Debts in sole names doesn't necessarily mean it's not a matrimonial debt. It's depends on other factors.

In relation to the flat he'd be looking to buy. If you are deemed to be separated then anything bought after the date of separation is not matrimonial property, however, how is he funding the purchase?

The property you are in, you are both entitled to a share in the equity. Who pays the mortgage? Getting a separation agreement is in your interest if you have been paying the mortgage alone.

Will he be able to get another mortgage while still on the matrimonial property? He will also be liable for ADS on his purchase. This may encourage him to get a separation agreement and transfer the house to you. You may have to buy him out. But will depend on other factors. Can you afford to take the current mortgage in your sole name?

Go get legal advice.

yes, we separated 2.5 yrs ago - both agree and it's financially provable.
He's been paying modest mort on mat home.
I've been financing my rent and all costs re children.
He's not paid any maintenance.
He can't transfer the house to me as we are both on mort and I can't afford to take it on in my sole name (tho' i could pay it, at least for now) he would like me to contribute to the deposit for the flat, in lieu of his 50% potential equity in the house (v low)

Will you live in the house with a mortgage? (You mention rent). And did you get it valued when you officially separated?

If he wants you to put down his deposit in exchange for his equity do not do so until you have a separation agreement.

You need to see a solicitor really.

Do not pay anything to the flat unless you have a separation agreement. Or you consider yourselves still to be married and therefore all assets jointly owned.

The cost of a solicitor now will be less than trying to disentangle it in court later.

Go to a solicitor. It’s the only way to answer your questions and ensure your future.