Legal charge over marital home

[Suzy~Q]

On a marriage breakdown, as the marital home is unlikely to be sold for a while due to possible development of adjoining land - can the husband stay in the house and a legal charge be put on it for the benefit of the wife for the 'profit' element at the date of separation?

[ummmm]

Are both names on the mortgage/deeds?

[Suzy~Q]

Yes they are.

[ummmm]

Not sure about putting a charge on the house. Might be best to get a contract drawn up.

[Suzy~Q]

Thank you Ummm, I'll look into that. I want to get as much info as possible before I take any action / see solicitor.

[buildersmate]

Essentially, you don't want a 'clean break' financial split to occur until after the value of an appreciating asset (that you both own) is fully realised. One can understand that.
The value of the adjoining land will increase just as soon as it has planning permission granted on it. At that point, a valuer should be able to place a value on the house and adjoining land - to form the basis of a negotiation to be undertaken between the two lots of solicitors.

[Suzy~Q]

Sorry Buildersmate I was unclear - the land isn't owned by us but by developers who want to build a number of houses on it Because of the uncertainty of that develoment proceeding as it's in very early stages it's unlikely we'll have interest in ours should it go on the Market. I was thinking of a Legal Charge with an end date so that the house would be sold sooner rather than at some indefinite time in the future.