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Ask James Mather Your Own Question
James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1390
Experience:  Senior Partner at Berkson Wallace
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My wife left the marital home 3 years ago with our son.

Customer Question

My wife left the marital home 3 years ago with our son. At the time there was no equity in the house and a secured loan against the property. I agreed when we separated that I would pay the joint loan and remain in the house and pay the mortgage. A few months ago she agreed she would sign over the property including any equity as part of a divorce. However she has changed her mind and now wants a share of the equity. Will a court take into consideration the fact that the majority of equity in the property has been created through my payments as part of any equity split.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
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 old is your son?
What is the housing position of your ex?