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Stuart J
Stuart J, Solicitor
Category: UK Family Law
Satisfied Customers: 22620
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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Hi, I separated from my partner about 16 years ago, we have

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Hi, I separated from my partner about 16 years ago, we have 3 children at the time they were 15, 9 and 3. We agreed between ourselves on maintenance, bills etc, and continued to pay the mortgage. About 3-4 years later I sold some share options which we split between us and also paid off the outstanding mortgage. We divorced about 1 year later (not clean break).
Since then my ex-wife has continued to live in the property mortgage free, and I continued with monthly payments we had agreed on, we said we would deal with the house at a time when the children had grown up and left home. My wife is now remarried ( 4 years ) and lives with her husband in the house with the youngest two children ( 25 and 18). The house remains in our joint names. Although I have no immediate plans to sort the house out I would like to understand the legal position, would we just receive 50% each upon the sale ?

Hello, I am Law Denning and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day today.

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.

Would your wife be looking to stay in the house?
Customer: replied 3 years ago.


I would expect my wife to sell the house in the future and purchase a separate property with her husband.

Your wife provided a home for the children until they were 18 and although she continues to provide it, that liability ends at aged 18. If you previously agreed that the split would be 50-50, then that is what it is likely to be. If your wife had not remarried, the split would likely be 6040 in her favour. If you wanted to force the sale of a house now, because the children are grown up, then you would be able to do so in all probability
Does that answer the question? Can I help further? Can I answer any specific points?
Customer: replied 3 years ago.

We didn't actually agree to 50/50 I think we just assumed thats what it would be however I think her view may be that she expects more than 50% as she has kept the upkeep of the property in teh time we have been sepaarted. Whats is the likely outcome ?

you are not responsible for the bills or the mortgage of a house that you do not living so she would have had the burden of those in any event.
About the best she could hope for would be 6040 but as she is married again, it is more likely to be 50-50. Very often, the cost of arguing is actually more than you are arguing over
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