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Separation/Divorce & the law of equity

  • 29-11-2011 8:06pm
    #1
    steveod
    Registered Users, Registered Users 2 Posts: 47 ✭


    I am currently going through a separation from my wife, which is expected to end up in divorce and I have a specific query about the how law of equity applied to my situation.

    I am aware that there are a number of variables which are taken into considerarion but I am trying to understand what is considered to be equitable in the treatment of a specific asset before it goes into the "pot".

    I owned a property for a number of years (6 in fact) before I met my wife and getting married for two years. We have been separated for a year now.

    I have been told that, as I owned the property for a substantial period of time before the marriage, the law of equity applies.

    In assessing how much of the asses both me and my wife have an equitable share in, is the date of separtation taken into consideration? Or is this irrelavant?

    To illustrate my point I use the dates in question.

    Is the joint equitable interest in the property:

    25% (i.e. the number of years married up until separation (2 years) divided by the total years of property ownership up until separation(8 years))

    OR...

    33% (i.e. the number of years married up until today, including separation (3 years) divided by the total years of property ownership up until today, including separation(9 years))?

    I expect that the answer is not going to be straight forward, but I would be interested in the general principal of equity law which would apply?:confused:


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