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Mortgage paid off during marriage

6 replies

WonderingOneOfAll · 19/08/2024 12:15

Hello
Hoping you will be able to advise me:

mortgage is being paid off (not matrimonial home) throughout the marriage -
Are the costs paid off included in pot when dividing assets (during divorce)?

Thank you

OP posts:
SheilaFentiman · 19/08/2024 12:20

In what sense?

If it’s an asset of the marriage and it’s a house worth £600k with a £300k mortgage, then it is an asset worth £300k - it gets sold, the mortgage is paid off and the balance goes into the pot.

WonderingOneOfAll · 19/08/2024 14:19

SheilaFentiman · 19/08/2024 12:20

In what sense?

If it’s an asset of the marriage and it’s a house worth £600k with a £300k mortgage, then it is an asset worth £300k - it gets sold, the mortgage is paid off and the balance goes into the pot.

The property has not been sold and still being paid off
During division of assets do the repayments (made during marriage) count as joint expenditure?

OP posts:
SheilaFentiman · 19/08/2024 15:02

IANAL.

I don’t see what the difference is if they count as joint expenditure? If it is a marital asset, it is jointly owned, so any value over and above the outstanding debt belongs jointly.

If one person, the other or both contributed to paying down the debt, I don’t think that matters.

SecondFavouriteDinosaur · 19/08/2024 15:24

The house will be seen as a marital asset (and therefore jointly owned) and be split accordingly.

SecondFavouriteDinosaur · 19/08/2024 15:25

^ This is generally the default position, anyway. It will depend on any extenuating circumstances.

NoSquirrels · 19/08/2024 20:29

Who paid what during a marriage is irrelevant (except in some very specific circumstances like a very short marriage with no children). Who owns what is also largely irrelevant.

Upon divorce, the court looks at ALL the assets in whoever’s name, adds up what they’re worth and starts at the idea of a 50% split. You then negotiate who keeps what, or sells what and divides the proceeds, to make each side fair.

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