Greetings
Husband and wife own a property together as tenants in common, with a 50-50 share. Wife petitioned for divorce. No children. One asset together which is the property and also their marital home.
Decree nisi has been issued for more than a year up to this point, they've been separated for nearly two years.
Petitioner is saying to Respondent that P can claim on missed out rent because they weren't able to rent out the other property whilst this respondent was living in it.
Respondent is saying there was no indication that petitioner had a desire to rent out the property (e.g. actually asking to)
Petitioner is still saying they have a right to claim this, are they right?
Petitioner earns twice as much as the respondent who remained by themselves in the property. £50k vs £25k per annum.
Both have contributed equally to the mortgage up to this point. Petitioner of divorce has kindly contributed an equal share to mortgage payments (which encourages the respondent to think, why even pay this contribution but at the same time, complain that the property couldn't be rented out and they missed out on earnings? Surely they could have just not contributed, but this would of course risk their right to their equity, and so the respondent is concluding this rent thing is merely a scare tactic, so the petitioner can try and pay less to the respondent for their equity in the property to buy them out.
Anymore information needed please let me know.
Thanks, WM.