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Re-payment of Mortgage Contributions upon Divorce/Separation
Whatever1000
Posts: 2 Newbie
My wife and I (no children) have decided to amicably divorce. We are bases in Scotland. All matters are agreed - compensation for initial capital invested, furniture, property upgrades etc. -other than re-payment of mortgage contributions. We lived together in the house for four years. If I agree to return 100% of her mortgage contributions - as part of the process to transfer property into my sole name - this would effectively mean she has lived without paying 'rent' or any contribution for shared occupancy for four years, excluding bills and running costs. This does not seem particularly equitable or logical, as non-one is able to live in a property (unless it is family or friends) without paying some payment for shared occupancy, whether it is called rent/mortgage or whatever. As this must be a common scenario how much of the mortgage should I return? Is there are generally agreed 'rule of thumb' in informal or formal separation/divorce? Any links to relevant information, case law/statute or advice appreciated.
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Comments
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Sorry, not from personal or professional experience, but I would have assumed a fair way to go about this would be you paying her her deposit back, plus half of current equity in the house (minus the deposits)?
E.g. she paid £30k deposit, you paid £20k (total: £50k)
House is now worth £300k
Remaining mortgage: £150k
Equity: £150k
Equity minus deposits: £100k
Half of that: £50k
+ her deposit: £80k (that would be the sum to pay her based on that logic)
Having said that, couples agree to all sorts of different settlements. But paying her back for the interest that's gone to the lender over the years seems a little strange to me.
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It makes no sense that she gets her mortgage contribution back, it kept a roof over her head!
Usually it's:
-- deposit
-- 50% of the difference between the outstanding mortgage and property value.Mortgage started 2020, aiming to clear 31/12/2029.0
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