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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34263
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 is having an affair and we may separate (its not

Resolved Question:

My husband is having an affair and we may separate (its not definite at this point). What are my rights please if he leaves me in the family home with regards ***** ***** finances (present and future) and his new partners income (if he moves in with her) - both of which are substantially greater than my own. She also receives alimony from her divorce.
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 income do you each have and what other assets are there?
Have you lived together and are there any children involved?
Clare
Customer: replied 2 years ago.

Hi Clare and thank you for your response.

Our house is not valued but I would estimate at £1 million with approx £170k outstanding on the mortgage. He has private pension schemes, death in benefits and approx £75k in savings.

He earns £120k plus bonuses of c£40-50k pa whilst I earn £18k pa with no bonus.

We have been married nearly 19 years, living together for 21 years with 2 children at GCSE and A level age.

I know very little about the third party but know she is divorced and had sufficient income to pay for additional in-the-home help to cover child care during out of school hours prior to the divorce.

I believe I have provided a great level of support and have undertaken enough household management for him to be able to concentrate on his career. I therefore wish to ensure my own financial future should we part as a standard of living has been achieved due to his career success, which has been achievable because I have managed all aspect of our private lives.

I am at present trying to repair the damage which has been done, but do not feel those efforts are currently reciprocated.

Thank you. I look forward to your response. Any further questions, please ask.

Expert:  Clare replied 2 years ago.
Hi
How much would a suitable three bedroom property in the same school area cost to buy?
Clare
Customer: replied 2 years ago.
A 3 bedroom house in this area can cost upwards of £300k. However it is not that straightforward as my mother invested her life savings in this house and lives in an annexe in the garden.
I do not wish to leave my home if he chooses to move out.
Expert:  Clare replied 2 years ago.
Hi
How much did your mother invest?
What was the agreement when this happened?
Clare
Customer: replied 2 years ago.
I think in total £280k. The main property is in our names with some land in hers. Obviously at the time this was a house for life. She would need to be rehoused out of any sale profits.
Expert:  Clare replied 2 years ago.
Hi
Would you rather keep the house or have ongoing spouse maintenance?
Clare
Customer: replied 2 years ago.
I would want to stay where I am but do not have the income to maintain it on my wage. Therefore I am wishing to establish what my rights are re his income to allow me to stay here as this is the family home and an investment for my children's future.
If my husband moves in with this third party, is her income taken into consideration as part of the means of ensuring my financial security and can I lose my rights, for example, to his pension if he has another formal relationship?
Expert:  Clare replied 2 years ago.
Hi
I am sorry but you have no financial claim whatsoever on his new partner.
However there are substantial marital assets and your husband has a substantial income.
The starting point for division of the assets is 50/50 - and since a sale would give you sufficient funds to purchase a property even after your mother was repaid your husband could force an immediate sale if he so wished.
You woudl be entitled to child maintenance for the children (16% of his gross income (at most) and spouse maintenance - difficult to predict a figure but certain;y in the region of £20,000 a year plus certainly for a few years - but not necessarily for life
You are also entitled to 50% of his pensions
If you wish to remain in your current home then you may wish to consider trading either your pension claim or your spouse maintenance claim for an order that the house is transferred into your sole name. It may even be possible to couple that with time limited lower spouse maintenance until your youngest is 18 so that the mortgage can be covered for that period of time.
This is all area for negotiation - best done using Family Mediation
www.familymediationhelpline.co.uk
Please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you