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Am I right in my thinking regarding property

Posted by Stacey 
Am I right in my thinking regarding property
October 19, 2021 01:48PM
Hi
I moved out of the family home due to abuse. We have the children 50/50 and are married. The property is in both of our names I now work but before I stayed home with the children while he furthered his career. I only work part time and I am now renting so I can’t contribute to the mortgage. My ex pays the mortgage as he is living there. I am going through the process of getting the property sold as my ex can’t buy me out.
Am I right in thinking that we will both get 50/50 share of the equity in the property, this situation I believe will have to go to court.

Many thanks
Re: Am I right in my thinking regarding property
October 19, 2021 04:44PM
>>Am I right in thinking that we will both get 50/50 share of the equity in the property

Not necessarily. Although 50/50 is the usual starting point for any division it is only a starting point. Cases of precise 50/50 division are not so common. That is because the exact division will depend on your respective needs and resources which include such facts as the value of the property, the size of any outstanding mortgage, your respective earnings and earning capacity, the cost of suitable alternative accommodation etc. When factors like these are taken into account (and it is obligatory for a court to take them into account) it is usually the case that equity is not actually split 50/50.
Re: Am I right in my thinking regarding property
October 23, 2021 08:12AM
Thankyou for your response I guess it is really difficult then to know what the courts will actually say. I need to enter the property to let estate agents in to value it but my ex is refusing to allow me access, can he do this? I haven’t nor would I ever just enter the property plus I believe locks have been changed.

Many thanks
Re: Am I right in my thinking regarding property
October 23, 2021 11:36AM
If your husband will not co-operate voluntarily then you can make an application to a court within the context of a divorce for the court to determine financial issues. The court will direct a valuation of the property whether your husband wants one or not.

Bearing in mind that your husband is in occupation of the matrimonial home it is in your interests to take steps to get this situation resolved sooner rather than later. Your husband will no doubt want the present situation to last as long as possible. He has no especial need to hurry. It would be unusual if a court thought that this situation should continue but your husband needs to be brought face to face with this fact.
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