Mortgage advise

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This topic contains 1 reply, has 2 voices, and was last updated by  Sherima 4 weeks ago.

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  • #31975 Report

    Kangaroobee
    Participant

    Hi,

    I’m after joint mortgage advice after a separation.

    Does equal ownership and rights still apply if only one person is paying the mortgage?

    In my case, my husband has always paid the joint mortgage because he earns a higher salary. I pay other bits and bobs. That was a mutual decision and how it’s always been. We have now separated and I continue to live in our marital home with the two kids. He is still making the payments and is happy to do so for the time being until we work out what we’re going to do with the property.

    What I don’t want to happen is set myself up to fall short. When it comes to selling, am I still entitled to half the assets regardless of husband making the full monthly payments?

    Equally on the flip side, if I were able to make the full mortgage payment alone, would he still be entitled to half the sale?

    If it’s in writing (e.g an email trail) that regardless of who pays, we both agree to an equal share, I assume a court of law wouldn’t over rule that and side in favour of the person who has paid the most money?

     

    Thanks!

     

    #31980 Report

    Sherima
    Participant

    Normally its a split of 50 percent but its not good if one person is paying mortgage . If he has left property and is still paying he might be entitled to that money back.you need to get legal advice as this is what happened to me but we had no children. He also got his desposit back. Obviously things are different as you have children together.

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