Equity share in house - Separation

T

Taliesen

Registered User
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Hi all,

I have recently personally invested 25k into the house jointly owned by myself and my wife on the understanding that it would be our family home.
Circumstances have changed and a separation is inevitable.
Will I be allowed any extra equity in the (now improved) value of the house as a result.
For example, can I get a valuation of the house before-and-after improvements and claim that I should be entitled to the higher equity value as I personally made the investment in good faith and it is now being ruined due to her actions (leaving with the baby, contributing nothing for a year since maternity, refusing to return to work since).
She now wants me out of the house but I am now the only earner since she refused to return to work after maternity leave. I cannot afford to pay mortgage and rent on another place plus bills for both and support for my baby.
If the house is sold, albeit in NE, would the additions I made stand in my favour and a 60:40 split be made (for example)?
 
Is it your wife's intention to remain in the house until your child is old enough to then have it sold OR has she agreed that the house should be sold now.

I think you'd be very lucky to have her agree to have the sold now on a 50/50 basis not to mention 60/40
 
It'll probably be sold in the not too distant future or one buy the other out (if that's even possible considering NE).

I'm just curious if the additional investment is burned now, or do I have any claim on the improvement.

Like in an extreme example, if the house was worth 50k when we bought it and I invested 100k of my money, surely that investment would be more 'mine' than 'hers' in the case of dissolution ?
 
Id love to tell you otherwise but I really doubt that you are going to get due credit from any court in relation to the "extra" money that you invested in your property

If your wife is willing to consent to the sale of the house, i think you really are lucky. In many cases the wife will seek to stay in possession of the house until the children are grown up and most cases the courts support this
 
Taliesen said:
Like in an extreme example, if the house was worth 50k when we bought it and I invested 100k of my money, surely that investment would be more 'mine' than 'hers' in the case of dissolution ?
Click to expand...

Yes you are correct in your thinking. But it's a moot point because you have NE, you never can tell what a judge might decide, your wife is not working and will likely get maintenance and you have a child to pay for.

Forget about who put in what and concentrate on you both sorting out the financial and marital mess.
 
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