Ask a Scots Law Question, Get an Answer ASAP!
Thanks for your question. I am a solicitor in Scotland with 35 years of experience in private practice and I hope that I can help you with your question today. Let me have a quick look at your question and I will either give you an initial answer or ask you for further information. I aim to respond as quickly as I can but sometimes I may want to take a little time to consider your question so as to give you the best possible answer.
If you move into the house both of you are still liable for the mortgage as far as the lender is concerned. However your husband is no longer be fitting from part of the rental income and so the just and equitable way to deal with this is for you to pay him the same as he is getting at the moment and for you to service the mortgage. You should really have a contract in writing to say what each party is to get when the house is sold too as the property will likely go up in value and the mortgage will go down. So he will benefit if at the point of sale there is an equal division. You want some kind of agreement to reflect your contributions in the interim period so that your mortgage contributions go to benefit you and the increase in value benefits both of you. A good family lawyer will have a style of formula for that and `I suggest you investigate that route with a solicitor local to you.
I hope this helped you today. Please do let me know if I can clarify anything. I am always happy to help. You are always welcome to ask a follow up question if it will help you further.