Can my ex still claim half the equity?

Posted on 19 November 2012 by Alex


I took out a joint mortgage with my now ex wife before we were married. The £8.4k deposit came from my personal account. We shared the bills for 2 years before she walked out. I covered all the bills for the next 3 years (to date) including spending £8k renovating. Now I want to sell up she is asking for half the money (£16k equity), surely she is not entitled to this?

Alex,

This is a very tricky area that you really need legal advice on, as it is far from straightforward. On one hand during the time you were married, your ex-wife will have contributed to the household, and is 'jointly and severally liable for the mortgage', which is to say that you have equal liability and responsibility for the mortgage payment. On the other, you have been supporting the household single-handedly for the past 3 years.

A solicitor will be able to tell you whether what she is asking for is unreasonable or not. If you don't currently have one, then let me know and I can arrange to pass your details onto a firm of solicitors that we deal with.

Regards,

Simon

simon.collins@johncharcol.co.uk 

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