How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Stuart J Your Own Question

Stuart J
Stuart J, Solicitor
Category: Family Law
Satisfied Customers: 22403
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
11292137
Type Your Family Law Question Here...
Stuart J is online now

My wife is having an affair which I discovered two weeks ago.

Customer Question

My wife is having an affair which I discovered two weeks ago. We have two girls (5 & 8) living with us. I pay for all the bills out of my wages. I am a low earner and so have very little left after bills and rent etc. Wife works for cash hairdressing and spends what she likes on whatever she likes.

Now I have discovered the affair and we are splitting up:
1) Is it fair for me to demand that she start paying her phone bill, car insurance etc etc now (she refuses to stop the affair) and share of the rent while living in the property

2) Have I any rights to throw her out of the house (she wants to take the children for part of the time this is fine by me, but I don't want her homeless or to upset the children too much).

We live in a small 2 bedroom property, the children share and I am having to share a 3/4 size (not quite double) bed with her while she continues to have sex with another man. There is very little money. What are my options?
Submitted: 3 years ago.
Category: Family Law
Expert:  Stuart J replied 3 years ago.
Are you contemplating divorce?
Customer: replied 3 years ago.

Hi - yes I am, but we were talking about splitting amicably over two years - we will split for definite.

Expert:  Stuart J replied 3 years ago.

The property appears to be rented. Is the agreement in yr sole name?
what about other bills?

Customer: replied 3 years ago.

My brother owns the house. We rent privately from my brother. I believe the original Rental Agreement lists me as the tenant, although this runs out on the 23rd February 2013 (having been for 1 year).


 


Citizens advice suggested I could end the agreement and everyone move out and then I could move back in separately and provide home for children. Or my brother could ask us all to leave as a means to the same end.


 


My issue is more to do with whether I could reasonably make my partner start paying for things that she or her business should be paying for, while she resides in the house.


 


And also whether I can reasonably "throw her out" as it were in light of her continued adulteration without losing any rights to the children.


 


 


 

Expert:  Stuart J replied 3 years ago.




This is the marital home and she has as
much right to live in it as you do.

There is no allegation of violence , so
it would be impossible to get an order to exclude her from the property. The
courts are not interested in who is responsible or why and the same thing goes
with regard to finances and children.





Who would the children live with and
who has been the main carer until now?



Customer: replied 3 years ago.

We both care for the children equally around work. I would intend for the the children, after divorce, to live with us both separately, 50/50.


 


To come back to my original question - it is unreasonable for me to expect her to start paying towards the rent and other bills and her phone which she uses for her business and which I currently have been paying for?

Expert:  Stuart J replied 3 years ago.


While you still
live together as husband and wife, you can stop paying anything which is not in
your sole name. She then simply becomes a wife whose husband keep short of
money and there is no legal solution until divorce proceedings are started.

Does that answer
the question?



Please bear with
me today because I will be online and off-line.

Please don't forget to positively rate my answer service (even if it was not
what you wanted to hear) and I will follow up any further points you raise for
free.

If you don't rate it positively, then the site keep your deposit and I get 0
for my time. It is imperative that you give my answer a positive rating. It
doesn't give me "a pat on the head", "good boy" (like ebay), it is my
livelihood!

If in ratings you feel that you expected more or it only helped a little,
please ask me for further info before rating me negatively otherwise I don't
get paid at all for my time and answer.

The thread remains open.

Thank you.

Stuart J, Solicitor
Category: Family Law
Satisfied Customers: 22403
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street Practice
Stuart J and 3 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

Thanks - I wasn't sure how it all worked - I thank you for you time and do not worry about being on/off line - I just reacted as and when as I'm also working.


 


So, in summary... I think I can reasonably request that she pay towards the shared bills.

Expert:  Stuart J replied 3 years ago.
Yes, although any small claim court claim will fail if you were to get to that stage.
Customer: replied 3 years ago.

Thank you.

Expert:  Stuart J replied 3 years ago.
Glad to help. Regards

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Last | Next >
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    133
    UK solicitor
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.com/uploads/UK/UKfamsol/My face July 2011.64x64.jpg UKfamsol's Avatar

    UKfamsol

    Family Solicitor

    Satisfied Customers:

    240
    Very experienced specialist family law solicitor, qualifed in 1994
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    182
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)