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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
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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I have been married since October 2014 my wife lived with me

Resolved Question:

I have been married since October 2014 my wife lived with me for 3 years previous to getting married and we have a 2year old daughter. I have recently found out she has been having an affair. Has she any right to my house that I have owned for 11 years and do I have to wait until October to end the marriage.
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 are there and what income do you each have?
Who has the day to day care of the child?
Clare
Customer: replied 2 years ago.

The house is worth about £110k with £68 k outstanding.

The only other asset is her car worth 20k but with 11k on finance

she earns 46k a year and I earn 35K

The child is in day care but it is me who gets her up in the morning drops her off and picks her up I give her her dinner and get her ready for bed as Becks works in Milton Keynes.

I hope this helps any further questions you can call me on *********** /p>

thanks

Expert:  Clare replied 2 years ago.
Hi
How do you envisage that the care of the child will be shared between you after you separate?
Clare
Customer: replied 2 years ago.

The child will stay with me Monday through Friday and stop with mum Friday Saturday and Sunday night

Expert:  Clare replied 2 years ago.
Hi
Where will mum live?
Clare
Customer: replied 2 years ago.

Not sure she said she'd rent nearby.

Expert:  Clare replied 2 years ago.
Hi
I am afraid that there cannot be a divorce until you have been married for a year.
Do not issue a petition based on adultery UNLESS your wife has confirmed in writing that she has committed adultery and that she will agree to a divorce on that ground
So far as the finances are concerned
I am also afraid that she does have a claim on the matrimonial home - both to live there so long as you are married - and a financial claim on it.
However since the child will be spending more time with you that with your wife the claim is limited - and if you are able to raise the funds promptly an 80/20 share of the equity in your favour is realistic
I hope that this is of assistance - please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you