Joint Mortgage Unequal Deposit Divorce
September 2025
Buying a home together is often one of the biggest steps couples take in their relationship. It is common for one partner to contribute a larger deposit than the other, whether from savings, a gift, or proceeds from a previous property. But what happens if the relationship breaks down and the couple later divorces? How is the home, and that unequal deposit, treated by the court?
This summary provides general information and does not constitute legal advice on any individual circumstances.
The Family Home and Divorce
In England and Wales, the family home is usually seen as a central part of the marriage. When couples divorce, the court looks at all the financial circumstances, not just who paid what. The court will want to reach a fair outcome that meets the needs of each spouse and any children.
The family home will always be considered a matrimonial asset, even if one person put in a larger deposit at the start. Therefore, the court may still decide that the equity in the home should be divided without regard to who paid the initial deposit. This is especially likely in longer marriages or where children are involved, because the court views the home as a shared asset built up during the marriage.
Unequal Deposits – Do They Count?
Where the marriage has been relatively short and there are no children, the person who contributed a larger deposit may have a stronger argument for receiving more back. The court may take that contribution into account, particularly if most of the property’s value comes from that deposit rather than what was built up during the marriage.
However, there is no fixed rule. The outcome depends on factors such as the length of the marriage, the financial needs of each partner, and what housing arrangements are necessary for any children. The court’s overall aim is fairness, which means protecting both parties’ needs as well as considering contributions.
Joint Mortgages and Responsibility
When a mortgage is in joint names, both spouses are equally responsible for the repayments, regardless of who actually makes the payments. If one partner stops paying, the lender can pursue either or both for the full amount. This joint responsibility continues until the mortgage is paid off or one partner is formally released from it, usually through a remortgage or sale.
On divorce, the court can make orders about what happens to the home. It may be sold, with the proceeds divided, or transferred to one spouse, often with arrangements made to ensure the other receives a fair share. These decisions can be particularly complex if one person is trying to recover a larger initial deposit.
Protecting Unequal Deposits in the Future
Couples who are buying a property together and contributing unequal deposits can take steps to protect themselves from the outset. Recording the arrangement in a declaration of trust or considering a prenuptial or postnuptial agreement can make intentions clear and provide reassurance. While the court will always retain the power to ensure fairness on divorce, having these documents in place can carry weight and help avoid disputes later.
Why This Matters
For many couples, the family home is their most valuable asset. Disagreements about deposits, mortgage payments, and division of equity can make divorce even more stressful. Understanding how the law treats joint property helps couples manage expectations and make informed decisions about their future.
How Can Fullers Help?
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