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 ukfamilysolicitor Your Own Question

ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 729
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
74916426
Type Your Family Law Question Here...
ukfamilysolicitor is online now

My husband left me women had an affair with her years he has

Customer Question

my husband left me for another women had an affair with her for 2 years he has taken my son with him i still have my daughter he is threatening me all the time he now wants me to sell our home so he can take money out and make me and my daughter homeless he wont pay any maintenance for her as he says that he takes care of my son so he has no need to pay anything towards her keep
is there anything i can do
Submitted: 6 months ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 6 months ago.

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

Please may I ask:

- is divorce contemplated?

- how old are both children?

- are you seeing your son regularly?

- what is the value of the matrimonial home?

- what is the value of the other matrimonial assets?

- what is your earning capacity?

- what is your earning capacity?

- whose name/s is the matrimonial home in?

Kind Regards

Caroline

Customer: replied 6 months ago.
1). Yes. 2) 10 and 13. 3) yes. 4) £240,000. 5) none. 6). £10,000 pa. 7) both.
Expert:  ukfamilysolicitor replied 6 months ago.

Hello

Thank you for your response.

My apologies - I note that I retyped on of my questions twice - when I should have typed - what is your husbands earning capacity.

Please could you also let me know how much equity is the in the property? how many bedrooms is it? are there any pensions etc.?

Kind Regards

Caroline

Customer: replied 6 months ago.
140 k
Expert:  ukfamilysolicitor replied 6 months ago.

thank you for letting me know the equity. how many bedrooms is there? what is your husbands earning capacity?

Kind Regards

Caroline

Customer: replied 6 months ago.
3 beds 35 to 40 k per annum
Expert:  ukfamilysolicitor replied 6 months ago.

Hello

Thank you for your response.

Last question - in respect of the matrimonial finances - has your husband disclosed to you his full financial position? and has he yet proposed mediation?

Kind Regards

Caroline

Customer: replied 6 months ago.
he failed to pay mediation so that broke down he is living with his lady and he would not now give me his finances if i asked him for them.
i am struggling to pay the mortgage each month as he will not contribute to this but now insist that i give him his share in the property which i can only do if i sell the property which will leave me and my daughter homeless as i cant afford to buy another house. he is the one in the wrong and now i am made to pay for his adultery
Expert:  ukfamilysolicitor replied 6 months ago.

Hello

Thank you for your response.

I am very sorry to hear about how your husband has been treating you.

In respect of Child Maintenance – whilst I note that you are both caring for a Child each – I also note that your husband has a significantly income than yours. It is the Child Maintenance Service that has jurisdiction in respect if what maintenance should be paid and the calculation that they do is based on income. Whilst you will be liable to pay child maintenance for your son if he is living with the father, the father will also be liable for child maintenance in respect of your daughter who is living with you and if his income is significantly higher than yours – then he will have to pay more. You therefore need to make a claim to the Child Maintenance Service so that they can calculate what your husband should be paying.

In respect of the matrimonial finances – I am glad to hear that the house is in joint names. I would not suggest that you agree to selling the house until the correct process has been followed in respect of the matrimonial finances. That being the first step is that your husband and you need to exchange full and frank disclosure in respect of all assets and liabilities. This needs to happen before discussion can take place about division. As your income is less than your husbands – you need to be arguing for a larger share of the equity – around 60% is not unusual.

If mediation hasn’t manage to resolve matters than you need to be applying to court using Form A for a Matrimonial Finances Order. You can also ask the court to consider the position of interim maintenance whilst matters are being resolved.

Its not in your husbands interest to let the mortgage go into default as this will impact on his credit score also. You should not sell the house and divide the proceeds until the correct process has been followed – if you do not do this then you are likely to be simply selling yourself short.

Legal aid might be available to help you in you have suffered physical, emotional or financial abuse in the last 5 years from your husband and you qualify in respect of means. You need to get specific evidence for this. Let me know if this applies to you and I will provide you with further information.

Let me know if I can help you further.

Kind Regards

Caroline

Please kindly remember to star rate our service so that we receive credit for helping you today

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)