How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33324
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

My wife has been having an affair and we have been living together

Customer Question

My wife has been having an affair and we have been living together in the marital family home until she has a mortgage to buy me out. She has now said that her partner is moving in as well. Is this legal?
Submitted: 1 year ago.
Category: Family Law
Expert:  Jo C. replied 1 year ago.
I presume she intends moving him in while you are there?
Customer: replied 1 year ago.
Yes
Customer: replied 1 year ago.
Hello?
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is ***** ***** my colleague has asked me to look at this for you
When is the buy out due to take place?
Clare
Customer: replied 1 year ago.
She hasn't got a mortgage yet so there's no date set and I am very much against him being in my house but both our names are ***** ***** mortgage and I don't know if I can stop him.
Expert:  Clare replied 1 year ago.
May I ask how much the house is worth and how much is outstanding on the mortgage?
Customer: replied 1 year ago.
House worth £200k mortgage around £120k but i need to know what rights I have to stop him from staying in my house.
Expert:  Clare replied 1 year ago.
So long as your wife is in the property then her guest can be there - when she is not there then he has no right to be and you can exclude him.I suggest that you point out to your wife that this would be an unpleasant situation for all of you and one which will mean her partner will have to leave whenever she does whether he wishes to or not.Arrange to discuss settlement with her usingFamilY mediationwww.familymediationehlpline.co.uk to set a more realistic timetable for settlementI hope that this is of assistance - please ask if you need further detailsClare
Customer: replied 1 year ago.
We have a disabled daughter who needs assistance and a 9 yr old son am I within my right not to allow him to engage with them when I am there?
Expert:  Clare replied 1 year ago.
How will the children share their time between you after the move?How long have you and your wife been separated?
Customer: replied 1 year ago.
I found out about the affair in May. At the moment she is dictating when I see the kids because the residence arrangements aren't going to be sorted until she gives me money from her mortgage if she gets one. We may need to sell the property but I need to know my rights as to who she can allow to care for my kids.
Expert:  Clare replied 1 year ago.
Is there any specific reason why you have concerns about this man?Where will you live once you do leave the property?
Customer: replied 1 year ago.
No specific reasons except that my wife will be very proactive in making sure I am excluded from helping with my disabled daughter and this will make things very awkward. She has already made my 9 year old son stay in the room and listen to her saying I'm not a good dad and telling me that my son doesn't want to be with me however my son is visibly upset and afraid of her and tells me that what she says is not true. I am hoping to get accommodation near my children when I move out but can only do this when my name is ***** ***** joint mortgage.
Expert:  Clare replied 1 year ago.
Have you considered renting?
Customer: replied 1 year ago.
Yes I will rent when I get the money from the house and my name off the mortgage I can't afford to move out until then. Also if I moved out before the finances were resolved she would not make any effort to help the situation. I'm not prepared to pay half of a mortgage for a house I don't live in but her boyfriend does. I need to know my rights as to who engages with my children.
Expert:  Clare replied 1 year ago.
Unless there is specific reason why this man is a risk to children then no you cannot ban him from interacting with them.If you chose to move out sooner rather than later you certainly would not have to continue paying the mortgage in anyway shape or form - and the fact that she will have moved her partner in means that you can force the sale if need be
Customer: replied 1 year ago.
Why would I not have to pay the mortgage if it's in joint names? If she didn't pay if I would get adverse credit sgainst me.
Expert:  Clare replied 1 year ago.
Since you would not be living at the property it would be up to your ex to pay the mortgage using the child maintenance that you pay her and her income from other spurces
Customer: replied 1 year ago.
I assume this would need to be registered with a lawyer?
Expert:  Clare replied 1 year ago.
You could certainly negotiate it and have a Separation Agreement drawn up - or it can be part of the final Financial order within divorce proceedings

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Last | Next >
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    133
    UK solicitor
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.com/uploads/UK/UKfamsol/My face July 2011.64x64.jpg UKfamsol's Avatar

    UKfamsol

    Family Solicitor

    Satisfied Customers:

    240
    Very experienced specialist family law solicitor, qualifed in 1994
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    182
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)