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!
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