- April 26, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Situation Overview
Hello. In 2015, my wife and I purchased a house together through joint tenancy and joint mortgage. Our relationship came to an end in 2020, and I expressed my desire to sell the property. However, my wife refused and continued to reside in the house with our daughter. I was informed that it would be difficult to compel a sale since our daughter was living there.
I subsequently moved into rented accommodation as residing together was not feasible. Balancing mortgage payments and rent proved to be financially challenging, so my ex-wife has been solely covering the joint mortgage since 2020.
## Current Status and Concerns
Fast forward to the present, the house is now being sold, and there will be a significant amount of equity post-sale. I am unsure of how this equity should or would be divided between us. Despite being separated, we are still legally married, and I was the sole contributor to the initial house deposit.
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You need to speak to a family solicitor and get a divorce in order to also resolve the financial issues.
You will need to look at all assets, not just the house (so things such as savings and pensions as well)
The *start* point is a 50/50 split but as the aim is a settlement that’s fair to you both looking at all the circumstances, an unequal split may be fair.
Things such as your respective income.ds, mortgage capacity, housing needs, whether either of you is cohabiting with a new partner etc. will all be relevant.
It’s possible that your wife may be able to claim she should have a bit more if she has significantly reduced the capital outstanding on the mortgage, however, you should both benefit from any increase in the value of the house.