Equity in our joint property

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  • #63314 Report



    I’m after some thoughts around my current situation. To cut a long story short, my wife and I separated last year, amicably, whilst living abroad. We returned to the UK this year and my wife was originally given accommodation through her work (not entirely suitable as it was a one-bedroom apartment and we have two children), but has now moved back into the house that we jointly own.

    We originally put our property on the market but she then refused to sell, despite at least 1 very good offer, which I only found out about via the estate agents later on. I am currently living with my parents, but will be looking to move out once everything is sorted.

    We currently share 50/50 day to day care of the children and my wife cannot afford to get a mortgage for our property on her own (we have always earnt the same) and therefore cannot take me off the current mortgage. Because of this, when I do move out I will need to rent and I have asked that whilst I am doing this I would still get equity in the house moving forwards. My argument is that I will be renting somewhere (the same money won’t get me a property as nice as our house!), which my children will spend 50% of their time in, whilst she will be paying the mortgage and getting equity from it.

    I feel as though the best solution would have been for us to sell the property and both move on, but now the children are back in the property (after being out for over 18 months), I don’t want it to have a negative effect on them and she is also saying that she will apply for a Mesher Order. I’ve spoken to solicitors who have advised that it is unlikely that would happen, but that it would also cost us more than the equity to go to court. She is refusing to do mediation unless I pay for it.

    My main question really is around the equity. If I am renting somewhere for the same amount that she is paying monthly for the mortgage, should I therefore be entitled to continued equity in our house?


    #63563 Report


    This is a really hard one and sounds like you’ve thought through / talked through a few options.

    I think it’s worth continuing to speak with your lawyer and planning for ‘worst case’


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