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UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Type your legal question here. My husband and I have been separated

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Type your legal question here. My husband and I have been separated for over a year.
We have a joint mortgage and I want to move it. He said he would take his name off the mortgage but would he be entitled to claim half the equitity in the house when we get divorced.

Whether or not his name is XXXXX XXXXX deeds of the property, the usual default position will be a 50:50 split of the assets held by both of you, although the courts will have the final say depending on the personal circumstances of each of you etc.

If you are looking after the children and paying off the mortgage, the courts could for example order say 80% goes to you and 20% to him, but like I said, the final split will depend on the court.

Hope this helps

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Customer: replied 4 years ago.

Would it be better getting divorced and settling the amount before getting the house signed over.

We have the same wage and he hasn't paid for anything since he has left even the upkeep of the house and how would I stand on child maintaince could I ask for it back dated to the day he left ?