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JGM
JGM, Solicitor
Category: Family Law
Satisfied Customers: 11757
Experience:  30 years as a practising solicitor. Partner in own firm.
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My wife moved out of the family home in January but opened

Resolved Question:

My wife moved out of the family home in January but opened a separate Banff account the previous July so stoped contributing to the mortgage and council tax. She wants the house sold and wants half of any eupquity. Can she demand this. I am still paying the mortgage
Submitted: 2 years ago.
Category: Family Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
If the house is in joint names then either party can insist on a sale. Whether e proceeds are divided equally depends on other factors such as what other property there is to be divided and the extent to which one party has contributed funds since the separation. You have paid the mortgage and would generally be entitled to credit for that.
The law doesn't favour the mother as such. It is mor accurate to say that the law puts the interests of the children above everything else and if the mother has the main care of the children then the court will take their interests into account.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
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