Married with two kids aged 12 and 8 , thinking of seperating ,happy to pay and help, just want to know if im liable...

Probably. Ring up your mortgage company and ask them ! They may be able to offer some help to you as you wont be the first borrower they have had in these circumstances.

Does Hubby agree to leave, as my friends Hubby wont go and her solicitor says there is now nothing in law that says he has to/forced to UNLESS he's violent or a risk to the kids, which in my friends case he isnt so shes stuck! If your Hubbys not either, please DONT be attempted to say he is as thats when things get complicated and messy. Just keep talking with him and maybe even try Relate (or similar) as they can discuss not only staying together but HOW to separate in as amicable way as possible and both remain good and involved parents for your children. Good luck!

Hi pkammy and welcome to the forum.

If you are jointly on the mortgage agreement with your husband, then you hold a joint and several liability for the mortgage. However, in the case of say arrears debt, the mortgage company is likely to chase whoever is contactable and has the decided means to pay. But of course, if they issue a notice to quit for repossession purposes, that can affect you and your family or your husband, whoever remains in the property.

It is not exactly sure who may leave the property but whatever you do, you must agree terms on how you part company. And with two dependent children in continuing education, their interests must come first and that has to be agreed between you. If payment of the mortgage becomes financially invasive for both of you, you may feel it's better to sell, if that's possible. And as people have said below, this whole issue depends on how firm your decision to separate is ... if the decision is 'in the balance' or just a trial separation, then at all costs agree how the mortgage should be paid to keep the family home for now.