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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33821
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My husband has just committed adultery. |They planned to meet

Resolved Question:

My husband has just committed adultery. |They planned to meet up at a hotel, him travelling to her home city. I was lead to believe prior to this that he was going away on a friends birthday celebrations.
It appears from mobile records that they have been in communication for some time. I have both the number and possibly name of the other part.
He is now suggesting that we just sell our house and split the proceeds. I really need advice on my best options. I only work part-time school term only, have 3 children still living at home, 2 currently unemployed of which 1 unable to work as in recovery EAD). My youngest still at school.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
What other assets and there and what income do you each have?
How old are the children?
Clare
Customer: replied 2 years ago.

Hi

House is worth £220,000. Not currently sure of outstanding on mortgage.

No other assets as such, apart from usual house contents and both own a car. My income is approx £6100 and his is in the region of £48000, Children are:

21,currently unable to find employment, living at home, being paid £56.00 weekly jobseekers,

18,living at home, currently looking for apprenticeship, currently in recovery stage from EAD,

14, living at home, currently at secondary school

Expert:  Clare replied 2 years ago.
Hi
How much does a cheaper two bedroom property in the same school area cost to buy?
Doe you husband have pension provision?
Clare
Customer: replied 2 years ago.

About £160,000 -£175,000.

Yes has pension provision, not sure of amount/value

Expert:  Clare replied 2 years ago.
Hi
What offer has your husband made with regard to the division of the property?
Clare
Customer: replied 2 years ago.

Sell the house and spilt the profit

Expert:  Clare replied 2 years ago.
HI
Does he mean on a 50/50 basis or has he offered you more?
Clare
Customer: replied 2 years ago.

Means split 50/50 any profit

Expert:  Clare replied 2 years ago.
Hi
That wont happen!
Can you give me a best guess on outstanding mortgage?
Clare
Customer: replied 2 years ago.

Thank you for the help. I am aware now that he can not just sell the house and do that to me.

Expert:  Clare replied 2 years ago.
Hi
He certainly cannot do this at the moment as the priority for the family court is the safe and secure housing of your youngest child until the child's 18th birthday.
However since that is only a few years away you do need to consider all your options carefully
The fact that he has committed adultery is not relevant - the considerable difference in your income is - BUT you do need to be considering what you need to do to be able to maximise your income in the future - and retraining you may wish to do - including how much it will cost to do so.
You also need to consider whether it is more important to you to keep the house - or to have spouse maintenance - but you will certainly get more than 50% of the equity.
Please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33821
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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