How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35211
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Type Your Family Law Question Here...
Clare is online now

My ex husband now wants 50% of the equity in the house we

This answer was rated:

My ex husband now wants 50% of the equity in the house we have been divorced 5 years and our daughter is now 19 he has not paid anything towards the mortgage or made any payments to me in that time.
I have always paid the mortgage and when the mortgage was taken out he took £6000 which we were going to use for improvements to buy a motorbike without consulting me. Am I in a position to challenge him?
Thank you for your question.
My name is Clare
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/
Why was the issue not dealt with at the time of the divorce?
Customer: replied 4 years ago.

House is worth £83,000 to £85,000 approx £30,000 outstanding on mortgage. He seemed happy for his daughter to live in the house, now has new girlfriend one child and one on the way so needs the money also fallen out with his eldest daughter will do nothing for her now he has his new family.

Was it a repayment mortgage?
What other assets did they each have and what income do you each have?
Customer: replied 4 years ago.

Yes it is a repayment mortgage.

I work part time earning £155 per week

Customer: replied 4 years ago.

He works full time I do not know what he earns I am only aware that he still owns the motorbike and has a car

Just to check - you have not remarried?
Customer: replied 4 years ago.


Is he planning to, do you know?
Customer: replied 4 years ago.

do not know

Hi Caroline
How much have you paid off the mortgage since the separation?
Customer: replied 4 years ago.

About £4000

Hi Caroline
The bad news is that I am afraid that your ex does indeed still have a claim on your property and now that your daughter is over 18 you will not be able to insist that he waits any longer for his share
However on the plus side you have an excellent chance of increasing your percentage share of the property
Since you have not remarried you can still make a claim within the divorce proceedings for a larger share to reflect the fact that you have had the care of your daughter; that he used the money from the remortgage and that you have made capital payments off the mortgage
It is unlikely that you can reduce his share to nothing but a 75/25 or even 80/20 split in your favour is not impossible
You should offer to negotiate with him using Family mediation (
Please ask if you need further details
Clare and other Family Law Specialists are ready to help you