Separation and existing mortgage

[Button2121]

Hi. Can anyone give me some advice on this. Married couple with joint mortgage of £180k on house valued at £300k approx.
Wife decides to leave marriage 3 years ago, and moves into a rental property. Meets new partner and moves into a new rental property with new partner 18 months later.
Husband is living in marital home (still jointly owned), paying £1k mortgage payments alone.
The mortgage balance is now £150k. He has paid £30k of the mortgage balance alone in the last 3 years.
His solicitor had advised him that his wife is still entitled to half of what he has paid? Should the date she left not be the amount that is taken into account, or 18 months later as she is now not paying rent alone?
She won’t agree on the separation agreement as they own a business together and it’s proving difficult to come to an agreement.
Thanks for reading.

How much is the house worth now

£310k

I think morallh that sounds fair enough. It's only an extra 10k over 3 years. And the wife had rent costs to pay during that time so how could she pay the mortgage too?

I'm not sure of the legality though.

Morally sorry.

The house should have been valued and a something agreed in writing st then time. Unfortunately she is entitled to half the current value.

@motheroreily

I think morallh that sounds fair enough. It's only an extra 10k over 3 years. And the wife had rent costs to pay during that time so how could she pay the mortgage too?

I'm not sure of the legality though.

I don't understand the reasoning behind this at all.

Morally the H who paid the additional should be given the extra, but it doesn't work like that until you are divorced. There are instances following divorce when the marital home remains in the care of the (usual) wife with the children but with a (mesher order?) lien on the house so that it is sold and divided between the husband and wife when the children are 18, but the additional payments are taken out of the division. Clean breaks are preferred now though.

So you will need to buy her out now, or sell and give her 50% share

Have you filed for divorce ?