Hi all, to cut along story short, just split from my wife of 18 years. Divorce pending but in the early stages. I have paid the mortgage for twenty plus years. If i allow my wife to stay in the house until our children are 18 (14 and 17 years) will i be entitled to a bigger share of the house? i was told that there is case law, due to the spouse living rent free, the mortgage payer can claim a bigger split, maybe 70/30? can anyone confirm and the case law?
thanks carlos the jackal
If your were married then both parties will have been considered to have contributed equally to the mortgage and you wont necessarily be entitled to a larger share because you actually paid the mortgage.
The split of the assets will depend upon the whole financial situation.
Normal law is usually used before case law. Case law is for settling difficult or awkward situations. The one you describe is not complicated or unusual at all, quite the opposite, it''s very common.
What do you mean by "allow your wife to stay in the house"? She has a right to remain there. You do not have to "allow" it. If you tell her to leave, she can tell you to take a hike.
If I understand you right, you are thinking of not getting a formal resolution to the finances of your marriage for the next 4 years? If so then this is a very risky tactic. For starters your wife could apply to court at any time - probably when it most benefits her. Secondly if you do not get a Consent Order then you will be tied financially to your wife - if you for example win the lottery or inherit something, your wife may have a claim to it, or may be able to get more of the house equity as a result. Therefore you really should resolve your finances formally when the divorce is done.
That resolution may or may not be a Mesher order, it depends on the figures and details.