How to draft an equity agreement after legal separation

[Anon Dad]

Hi,

My wife and I have decided to separate. We have a joint mortgage.
We propose to take out 2 mortgages. I will take ownership of the family home and I will give her enough of the equity to allow here to buy another home.
I cannot afford a mortgage large enough to fully give her her half of the equity.

We agree in principle that this equity will go to the kids in some form unless I sell for some reason. Equity in the region of 100k.
We agree that we need some sort of legal document securing this. She has been advised that this cannot be done in a will.
Neither of us, at this point in time, want a situation where I am forced to to sell the family home when I retire to release the equity.

So some questions are:
Is such document possible? How much would such a document cost?
If I invest in the property between now and the date of a possible sale, Is it fair and legal that the value of this investment is deducted from her half of equity?
If I incur significant maintenance costs between now and the date of a possible sale, Is it fair and legal that the value of this maintenancet is deducted from her half of equity?
If I re-marry, and my new partner gains the benefit of the home, should/how can my ex-wife by compensated?

Many thanks for any advice.

 

[mf1]

You both should have separate, independent legal advice.
With or without legal advice, you can agree the terms of your separation.
Deal with everything- kids, custody, access, maintenance, property, pensions etc.,etc.
Don't try and do what you seem to be trying to do, in isolation.

mf

 

[Anon Dad]

You both should have separate, independent legal advice.
With or without legal advice, you can agree the terms of your separation.
Deal with everything- kids, custody, access, maintenance, property, pensions etc.,etc.
Don't try and do what you seem to be trying to do, in isolation.

mf

Thanks.
We are now in mediation which seems to be productive.