marriage split

[TobyBishop]

I am splitting from my wife.

however when we purchased our house, we remortgaged her flat and took a lump sum for a deposit on our house. the flat was remortgaged in both our names and the house mortgaged in both our names.

she is now stating that she wants the flat and the deposit once the house has been sold, is she legally correct to request this or should everything be split down the middle

[Ethel]

It is not stated in law how the assets should be divided at divorce - if it were life would be much more simple but grossly unfair in many cases.

It shouldn't necessarily be split down the middle. If one has put a lot more money in they should be entitled to more of the pot.

One thing is for sure - if you can decide it amicably and keep it out of the hands of solicitors, you will both come out of it a lot better off.

Not knowing the circumstances - how long youve been married, whether you are both in work, how long she had owned the flat for, children and so on makes it difficult, but looking at it coldly you should both get back what you took in, and divide remaining assets equally.

[TobyBishop]

thanks for your comments ethel.
have been married 18mths, both working, no children and she owned the flat 7 years before I met her.

so sounds like she is correct to request the flat and deposit.

[loonytunes]

You cannot remorgage the flat in both your names if she is still the sole owner. The mortgage will be in the same names as the owner(s). Either you both own it and are entitled to an equal split. or she owns it and is entitled to it all. However, if you have contributed to the payment of the mortgage you may have a claim which can be sorted by a court. See a solicitor.