Is my ex entitled to half my house

Gigglepig

Rpc, OP said the house was worth less than when she bought it, but my question was about what happened since she married. if she bought before the recession, house dropped lots in value then married, the house could have gone up in value during the marriage. If the mortgage is smaller now than when they married, there could also be equity to split based on that.

rpc

Gigglepig wrote: »

Rpc, OP said the house was worth less than when she bought it, but my question was about what happened since she married. if she bought before the recession, house dropped lots in value then married, the house could have gone up in value during the marriage. If the mortgage is smaller now than when they married, there could also be equity to split based on that.

But, if we consider the house to be a marital asset, then the value before they married is irrelevant. It currently has a value that relates to the divorce settlement. Historical values are irrelevant.

Are you suggesting that OP could be in negative equity but still be forced to pay her ex something for the house because it is in a bit less negative equity than it was on the date of marriage?

It might be different if this was a common law partner making a ToLATA claim based on a constructive trust but it is not relevant to married couples.

RAS

The relevant matter is how much equity there is in the property when the financial settlement is agreed (assuming England or Wales) or at the date of separation (Scotland).

Gigglepig

And from a practical point of view, what settlement OP's ex is willing to agree to? I just think it is a bit unreasonable for the OP to talk about "her" house to which her ex has been contributing "nothing", when it has been his family home for several years and he has contributed to other household bills.