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: 34106
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 husband is having an affair, which he has admitted. We

Resolved Question:

My husband is having an affair, which he has admitted. We are now separated with him living at his parents. We were together 27 years, married 22. We have two children, 12 and 16. Where do I stand financially? We own our home (mortgaged), have a business (debt-free) and a holiday home (mortgaged)
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

How much are the assets worth and what debts are there

Customer: replied 1 year ago.
No debt on the businessHouse worth approx £250 mortgage approx £150
Holiday home worth approx €75 mortgage approx €45
Expert:  Clare replied 1 year ago.

How much is the business worth?

Customer: replied 1 year ago.
Approx £66
Expert:  Clare replied 1 year ago.

Do you mean just £66?

Customer: replied 1 year ago.
163;66,000
Expert:  Clare replied 1 year ago.

What income do you each have?

Customer: replied 1 year ago.
Both approx £33k
Expert:  Clare replied 1 year ago.

Do you both work in the business - and can you continue to do so amicably?

Customer: replied 1 year ago.
We both contribute to it in different ways and will continue to do so. We also both have full time jobs - we don't take a wage from the business
Expert:  Clare replied 1 year ago.

Who will the children live with going forward?

Customer: replied 1 year ago.
Myself
Expert:  Clare replied 1 year ago.

How much does a cheaper three bedroom property in the same school area cost to buy

Customer: replied 1 year ago.
Approx £175
Expert:  Clare replied 1 year ago.

The starting point for division of the capital assets given the length of your marriage is 50/50 although it is possible that a court might award your a higher share - say 60% for the fact that you will have to have the care of the children until they are 18.

How that could be achieved would be a matter of negotiation between you using Family mediation if necessary

www.familymediationcouncil.org.uk

It is however the housing needs of the children which are the priority and if you cannot obtain his release from the current mortgage - and if a sale would not give you enough to purchase another property with a mortgage in your sole name then your ex would have to wait for his share until the youngest child is 18 or you cohabit.

I hope that this is of assistance - please ask if you need further details

Clare and other Family Law Specialists are ready to help you

Related Family Law Questions