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familylawexpert
familylawexpert, Family Solicitor
Category: Family Law
Satisfied Customers: 311
Experience:  Substantial experience (14yrs +) in divorce, financial cases, cohabitation, pre-nuptial agreements and civil partnerships.
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My husband left the marital home 7 years ago and has not contributed

Customer Question

My husband left the marital home 7 years ago and has not contributed to the mortgage for 5 years. For the 5 years I have paid interest only. The house is valued at £309k and the outstanding mortgage is £190k. My 3 daughters are all over 18. He now wants half of the equity. How do I stand?
Submitted: 3 years ago.
Category: Family Law
Expert:  familylawexpert replied 3 years ago.
Hello,

My name is Mac. I can help you with your question. First I need a bit more information:

• when did you marry?
• if earlier than the above, when did you start living together?
• has either of you started divorce proceedings?
• if so, are there also financial proceedings?
• what is the total value of the other assets you and he hold (a total value rather than individual values is fine)?
• do either of you have any pensions? (If so, do you have any idea of their value?)

.
Customer: replied 3 years ago.
Hi
We had been married for over 20 years when he left. We are now divorced and are both remarried. There are no other financial matters just the house. He says he is entitled to 50% of the equity. I believe this is in question as he has not contributed to the mortgage or interest for 5 years.
There are no other concerns over assets as he owns another house with his new wife.

We divorced in 2009.

I have just stayed in the house and my new husband also lives here. We want to take on the mortgage and my ex husband had said he wants 50% of the equity.

I hope this covers it. Apologies I should have said we were divorced.
Expert:  familylawexpert replied 3 years ago.

Did you not have a financial agreement/order when you divorced?

How has he bought into another house with his new wife if he didn't have any capital when you separated - is it mostly mortgage?
Customer: replied 3 years ago.
We did not have a financial agreement.

I'm not aware of his financial situation regarding his mortgage. I believe his new wife had a property which they sold and he may have had shares from his job.
Expert:  familylawexpert replied 3 years ago.
Unfortunately, there is a real possibility that he does have a claim to at least some of the equity. As you have been paying on interest only, it could be said (and would be said by a lawyer on his behalf) that you have been paying the equivalent of rent, for the use of his equity.

However, you may have a financial claim generally on your divorce, which could still be alive, and you may be able to use this as a lever against him. Do you know (or can you check, if you kept records) whether your divorce petition included a request for financial relief - it usually looks like a list of possible financial claims, and is generally (but not always) included in the petition.
Customer: replied 3 years ago.
Thanks for the advice it really helped. Can you now advise how I go about getting a refund from you guys as the £22 has been taken out of my account twice?
Expert:  familylawexpert replied 3 years ago.
I will get customer services to look into it. (I don't have any control or anything to do with the website itself, save for giving advice).

In the meantime, I would be very grateful if you could rate my answer.

Kind regards,
Mac.
familylawexpert and other Family Law Specialists are ready to help you
Expert:  familylawexpert replied 3 years ago.
I believe that customer services should be in touch with you soon, or perhaps already are.

Regards,
Mac.
Customer: replied 3 years ago.
All sorted, thank you.
Great service!

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