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Clare, Solicitor
Category: Law
Satisfied Customers: 34895
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My Wife has asked separation, and divorce. We live in

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My Wife has asked for a separation, and divorce. We live in a house together that the mortgage is in her name. She made a deposit of £18,000 initial and we have been paying the mortgage since. I put in approximately £17,000 to renovate the kitchen and bathroom.
The house has recent been valued
House value: £170k
Current mortgage: £130k
Equity: £40k
My wife paid a deposit of £18k so taking that out leaves equity of £22k.
That would leave £11k each.
I am keen to understand if is correct that the deposit would be removed from the equity? Or should the total equity be divided without any deductions?
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 long have you lived together and are there any children involved?
Customer: replied 2 years ago.
Hi Clare
Thanks for your response.
Jen and I have lived together for about 8 years and been married for 5 years. We initially rented and then bought the house after we got married.
We have one son together who is 3, and I have 2 sons from a previous relationship.
The request for separation is a shock and without determined reason. I am doing my upmost to be supportive and decent for the sake of our son.
We decided to not go through solicitors unless it was needed but Jen has had legal advice. I am uncertain of the legal standing on this matter and want to ensure things are fair for each of us.
Where will you each live after the house is sold?
Customer: replied 2 years ago.
My wife will be staying in the property with my son and I will be moving into rented accommodation in the next couple of weeks
Customer: replied 2 years ago.

Hi Clare

When should I expect an answer on this, or do you need more information?

Thanks for your help


My apologies for the delay
Given the length of your relationship and the fact that you have BOTH made capital contributions to the property there is no reason for the deposit to be deducted before the division - unless of course your payments are also repaid to you.
Having said that you would not be able to force a sale of the property until your child is 18 or your ex cohabits so if you are being offered a lump sum now however heavily discounted you may wish to consider accepting a lesser sum
I hope that this is of assistance - please ask if you need further details
Clare and other Law Specialists are ready to help you