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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34900
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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my wife wants to seperate so i said we should sell the house,

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my wife wants to seperate so i said we should sell the house, she said she wants her deposit money back first then split, but she choose to put the amount in isaid ok and i have what is left but she said no we have to split is this fair and do i have a case?
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?
How long have you lived together and are there any children involved?
What other assets are there and what income do you each have?
Customer: replied 3 years ago.

the house is worth approx 150,000, there is approx 67,000 still to pay. we have been together for 6 years, have no children, no other assets about from house and cars. we both earn me about 14,000. her about 15,000

For clarity.
You have lived together for six years - and your ex brought all the capital to the relationship - is that correct?
Customer: replied 3 years ago.

yes, but it was her choice to put the amount down that she did, because of her age we had to get a shorter mortgage term she could have put down a sum half of what she did....

Yours is a short to medium length relationship which means that the Family Court is unlikely toward a 50/50 share of the assets or anything close.
However since you did not bring any capital to the relationship it is unlikely that the court would agree a position where all your spouse takes out of the relationship is the amount that she brought to it
However nor will she necessarily get as much as she wishes - the likely option is somewhere in between - an 80/20 split of the equity in her favour for instance.
It would be sensible to avoid spending more on legal costs than is in dispute so negotiating using Family mediation could be a sensible option
Please ask if you need further details
Customer: replied 3 years ago.

so if we sold our house for 150,000, and we paid back 70,000 we still owe to the bank, and i say she can have 60,000 and i have 20,000, would this seem a fair settlement...

It is not about what you say 0 it is about what you are both able to agree - and those figures represent a 75/25 split which may be a little ambitious
Clare and other Family Law Specialists are ready to help you