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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10992
Experience:  I have been practising for 30 years.
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I had a joint mortgage with my wife for 20 years then 3

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I had a joint mortgage with my wife for 20 years then 3 years ago we were going to split up.we agreed that she would remortgage the house in her name only and she would give me a lump sum and I would move out. I didn’t move and have remained living in the house. We continued to pay the mortgage out of the same joint account we have always had.
My question is if we divorce now do I have any rights to a share of the house if it was sold

Hello for clarification - how long have you been together and married in total?

are there any children under 18?

Customer: replied 5 months ago.
We have been married 23 years 2 children both over 18 and living at home

Did she give you the lump sum?

Customer: replied 5 months ago.
Customer: replied 5 months ago.
I mean when she remortgaged the lump sum was added to the morgage and paid into my own account the transaction was carried though solicitors

I am going to exaggerate to prove the point.

You came to an agreement that she would pay you off when you were quite happy with that and she paid you.

You then remained together for another 40 years. You have a claim on the house because it’s still the marital home and the agreement that you had has fallen off the edge of the planet through the affliction of time.

If however you didn’t remain together for another 40 years, but you remained together for a week, then you have no further claim.

Your claim against the property is going to be small but there is one it came down to a legal argument, you may find it’s going to cost more to have the argument the property value that you would be entitled to.

Can I clarify anything else for you?

I’m happy to answer any specific points arising from this.

Please take a moment to look at the top right hand corner of the page and rate my service by clicking one of the stars at the top of the screen. It’s important you use the rating service because that gives me credit. It doesn’t just give me a pat on the head! (Although there is an incentive scheme where the more five-star ratings I get, I do actually get a pat on the head! :-)) All you need to do is press Submit. Thank you.

If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.


Customer: replied 5 months ago.
Point noted. Thanks for your help

I am glad to help.

Before you go (you can come back at any time), please don’t forget to use the rating service because that gives me credit. It doesn’t just give me a pat on the head! The thread remains open. We can still exchange emails.

Kind regards.


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