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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35052
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Good afternoon. My wife and I separated last Christmas,

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Good afternoon.

My wife and I separated last Christmas, with her volunteering to move in with her new partner.

I have remained living in the former matrimonial home, which is mortgaged in joint names. We established a valuation at the point that she left and she ceased contributing to the mortgage. As I was unable to 'buy her out', I have had to continue to meet all the financial commitments on the house since she left.

I am now having to sell the property as it has become cost prohibitive to maintain the house on an individual basis.

Am I right in thinking that despite the fact that I have been the sole contributor for the past year, that as a named party on the mortgage she is still entitled to a full 50% of any equity generated by the sale of the house?
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
What other assets and debts are there and what income do you each have/
Are there any children involved?
Customer: replied 4 years ago.

Hello Clare,


The house has been re-valued today at £145k, with £120k remaining on the mortgage.


There are no other assets as the savings and car went to my wife when she left, the latter in exchange for the white goods to allow me to stay in the property.


At present she is a 3rd yr Medical Student, having given up her career to retrain in 2011.At present she lives on her student grant and my voluntarily agreed contributions for our daughter.

I am a self employed contractor, currently without a contract and living on the last of my savings.

I am afraid that your ex remains entitled to her 50% of the equity as it is at the time of sale.
The court will take the approach that you have had the benefit of living in the property and the fact that you have paid "her" half of the mortgage is the equivalent of "Occupational Rent"
I appreciate that this is not the news that you wanted but sadly it is the most likely outcome.
Please ask if you need further details
Clare and other Family Law Specialists are ready to help you