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I am asking generally as I can see things going this way if I'm honest.

 

Embarrassingly I have been married around 13 months after a 6 year relationship and we bought a property Feb 2017.

 

Mother in law provided £60K as gifted deposit (proof that it was non returnable) and Wife provided £100K that was gifted to her by her mother.

 

We set the TR1 up as tenants in common 70% her way and 30% mine due to the fact that she provided roughly a third of the houses value upfront and then we went halves on the mortgage.

 

We also setup with a solicitor that the first £100k of the sale of the house would go to my mother in law to cover renovations she's paid for.

 

Now I have strong evidence my wife is carrying on with a work colleague (been seen out, tracked to his house, shes hiding messages and always on the phone).

 

Am I right in saying that if we divorce and the house sells, given that it'll be worth around £420k the following is correct:

 

Value - £420k

Mortgage O/S - £200K

MIL - £100K

Remaining = £120K

 

The remainder would be split 70/30 based on the TR1?

 

I hope this is the case as wife has put me in a bad situation but equally herself by messing around so soon into the mortgage.

 

She's indicating that a solicitor has told her that her £100k investment would come off first but that makes no sense as we have paid the mortgage 50/50 and the TR1 would be a pointless exercise.

 

Hope this makes sense and someone can offer something before I seek legal advice.

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I doubt we have anyone on the Forum qualified to deal with this.....get yourself down to a qualified Solicitor ...Family Law...normally you get a free introduction session.

 

No point guessing.

 

https://www.legalombudsman.org.uk/downloads/documents/publications/Using-a-divorce-lawyer-ten-helpful-tips.pdf

 

Regards

 

Andy


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As you are married, the court has general discretion to reallocate assets between partners on divorce, and is free to ignore what is written in the TR1. Especially if there are kids involved. However, for such a short marriage with no children, I would think the TR1 would be respected.

 

Your logic seems correct, but it leads to what might feel like a strange result from your wife's perspective. A 70% split of £120k would be £84k.

 

If I was your wife, I would ask why my £100k + 13 months of mortgage repayments only gets me £84k? What happened to the other £16k plus she put in?

 

It may well be this is due to the £100k of renovations getting you less than £100k of additional equity in the property. That is a lot of renovations - have you really spent £100k doing up a £420k property in just over a year? I would be checking that the agreement to pay your MIL the first £100k is watertight, and make sure you take a copy of the agreement documenting that when you go to see a solicitor.


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