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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 861
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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Where do I stand with regards ***** ***** anything husband,

Resolved Question:

Where do I stand with regards ***** ***** anything for my husband, as he is seeing another woman? We still live under the same roof, my name is ***** ***** the mortgage and he has lost his licence recently for drink driving? He says they are not sleeping together but he also tells me he has feelings for her and likes being in her company!
How much do I have to do for him as his wife? Will I have to leave the property as my name is ***** ***** the mortgage?
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
I am very sorry to hear about your situation.
Please can I ask -
- how long have you been married?
- have you considered divorce / judicial separation?
- what are the matrimonial assets?
- how old is your child?
Kind Regards
Caroline
Customer: replied 1 year ago.
16 years together and 7 years married. i dont want a divorce as yet . we have no saveings the only money we have is what goes into the back each month to pay bills and live off and my daughter is 31 with special needs and learning dificultys
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
Please may I ask?
- how much equity is in the home?
- is your husband still working? Are you? Does he earn more than you?
- do either of you have pensions?
Kind Regards
Caroline
Customer: replied 1 year ago.
was only enquireing on were i stand as regards ***** ***** the house and what ishould or should not be doing for him ,i am also driveing him too and from work as hes lost his licence when his girlfreind is not available .yes he works i dont as am full time care for daughter , 70.ooo equity in home and he pays into a work pension
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
I like to be able to give you a full answer - hence the questions.
Specifically in respect of the house - you are entitled to occupy the house even though it is not in your name. To protect your rights of occupation in the home I advise you to complete a Homes Rights Notice.
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/449289/HR1.pdf
You should complete the firm and send it to the Land Registry. There is no cost to apply for this notice.
If you do decide to apply for divorce in the future then you should also consider making a claim in respect of the matrimonial finances.
In relation to the matrimonial finances - The correct process for dealing with the matrimonial finances and division is to go through a process known as full and frank financial disclosure. Yourself and your husband would need to exchange full details of all assets ( including pensions) and liabilities before negotiations take place in relation to settlement. Everything is included in disclosure - all assets and all liabilities.
If your earning capacity is less than your husbands then you should also seek spousal maintenance.
The normal rule for division is 50/50 however the matrimonial causes act sets out factors which could lead to a departure from this rule. A few examples are the likely earning capacity of both of you for the future, health needs etc.
You should consider making a referral to a specialist mediation service. They can assist in relation to the process of disclosure and also in relation to negotiations about division. One such mediation service is the National Family Mediation service. www.nfm.org.uk
Kind Regards
Caroline
Please kindly remember to rate positively. No credit is received for our work unless positive feedback is received.
Customer: replied 1 year ago.
thankyou for that . but could u answer the part on were do i stand as regards ***** ***** for him ie washing cookiong takeing him to and from work please .
Customer: replied 1 year ago.
sorry about the spelling i didn"t check before i sent it that was cooking .
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
There is no legislation that states that you have duties to do your husbands cooking, cleaning etc just because you are married. You are under no obligation to do these things if you do not want too.
Kindest Regards
Caroline
Positive feedback is gratefully received.
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