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Do I owe my husband a share of the Equity?

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  • Do I owe my husband a share of the Equity?

    Facts are..............

    Married and bought a house jointly in 1999 with our baby son.

    Split up November 2001. I immediately started paying mortgage via my sole account as joint account got closed. Back then I tried to get mortgage transferred into my own name as then there was no equity but my credit rating was bad and it wasnt allowed. The years have ticked by and I have cleared all debts and I now have a good credit rating. Have had no contact with my husband now for over 10 years - he has no contact with our son either. I received £26.40 every month via the CSA which is automatically deducted from his salary.

    I spoke to bank and they agreed I was in a position to take on mortgage myself. My brother has been acting as the go between as knows where my husband works - but today it seems my husband has said he feels he is entitled to half the equity - which would amount to £40,000.....................he hasnt made a contribution to the mortgage since November 2001. At the time of separation the house had no equity. I have made an appointment to see a solicitor on Friday at 3pm but really would appreciate some advice in the meantime.

    I live in Scotland (in case the law differs)
    Tags: None

  • #2
    Re: Do I owe my husband a share of the Equity?

    if i am proved wrong then i appologise but my brother went through roughly the same

    until the decree nisi and absolute,
    everthing will still be done on 50-50 equal assets

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    • #3
      Re: Do I owe my husband a share of the Equity?

      if i am proved wrong then i appologise but my brother went through roughly the same

      until the decree nisi and absolute,
      everthing will still be done on 50-50 equal assets

      but i am not up on scottish law so hang fire for more comments

      Comment


      • #4
        Re: Do I owe my husband a share of the Equity?

        Thank you Miilitant.

        How unfair if thats the case. I have paid the mortgage myself for nearly 11years and spent a fortune with putting in new bathroom/kitchen/windows etc.

        Will see if anyone else comes along with advice - but do appreciate your time and advice

        Comment


        • #5
          Re: Do I owe my husband a share of the Equity?

          Did you get divorced? If you did then he can not claim anything now - So in order for him to claim anything, he would have to show he paid for the mortgage, what he paid to CSA will not count as that is for your child not the mortgage.
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          • #6
            Re: Do I owe my husband a share of the Equity?

            Originally posted by teaboy2 View Post
            Did you get divorced? If you did then he can not claim anything now - So in order for him to claim anything, he would have to show he paid for the mortgage, what he paid to CSA will not count as that is for your child not the mortgage.
            Hi no we are not divorced - I tried many times in the past but all contact was ignored.

            Comment

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