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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34282
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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last 5 months I have been having an affair, my

Resolved Question:

last 5 months I have been having an affair, my husband is in the navy and is away, he has been 6 months. I do not want to be with my husband. We married nov. 2013 after living together years. I own the house in deeds and mortgage, he has only started paying into the house since we married. If I tell him about the affair to end the marriage will I loose my financial right against his pension? Example : if he raises an 'interest in my house financially will I still be able to counter act this with a claim against his pension and payouts? We do not have any children together, my children are adults and no longer live at home.Thank you
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.

Thank you question.

I will do my best to help you but I need some further information first.
How much is the property worth and how much is outstanding on the mortgage?
How long have you actually lived together?
Clare
Customer: replied 2 years ago.
We have lived together years, the house is worth £160,000.
Expert:  Clare replied 2 years ago.

How much is outstanding on the mortgage?
Did you own the property prior to your relationship starting
Clare
Customer: replied 2 years ago.
Yes I owed the house before I met him, I have £32,000 left on the mortgage
Expert:  Clare replied 2 years ago.

The fact that the marriage ended due to adultery has no impact on the financial settlement at all
he does have a financial claim on the matrimonial Home - just as you have a claim on his pension and if necessary the two can be traded.
His claim is limited due to his lack of financial contribution , but a 90/10 split of the equity in your favour is possible - probably a little less.
Your claim on his pension is more limited since you were not married majority of your relationship - however the claim is there and does not disappear because of adultery
Please ask if you need further details
Clare
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