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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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 really need some expert advice, I recently found out my

Resolved Question:

Hi, I really need some expert advice, I recently found out my husband was cheating on me and if I leave him I would like to know what I'd be entitled to.. We've been married 7 years, we have children from previous marriages all grown up now. He had bought a house before I met him and it's still in his name only. I don't work as I look after my grandchild while her mother works full-time so I have no income of my own except the little amount I have managed to save, my husband controls all finances etc. We are at the moment renting a property and he pays the rent. So would I be entitled to anything at all if I decide to file for divorce, or do I just want to know what rights I have if any? I really do need some advice and I'm not sure where to turn. Thank You.
Submitted: 11 months ago.
Category: Family Law
Expert:  Clare replied 11 months 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

Who lives in the house that he owns?

What income does he have?

Customer: replied 11 months ago.
He is renting the house he owns so Tennents are living there, and he gets the rent. I'm not sure about his income but it's between £30,000 -£35,000 pa
Customer: replied 11 months ago.
Sorry That's Net income & also gets the rent of £695. Per month from his house.
Expert:  Clare replied 11 months ago.

What assets did you have when you married?

Customer: replied 11 months ago.
I was working at the the time, and renting, but no assets.
Expert:  Clare replied 11 months ago.

Has he got any other savings at all?

Customer: replied 11 months ago.
Well he has a savings account in his name only, think there's about £500. In it at moment. That's what he told me.
Expert:  Clare replied 11 months ago.

How much would you need to establish yourself in another home?

Customer: replied 11 months ago.
I don't really know, I just wanted advice on my situation! It seems like I've no choice!
Customer: replied 11 months ago.
I only asked and paid for some advice on what I can/can't do,not all these ? Please have I got any rights? Yes or No!
Expert:  Clare replied 11 months ago.

Yes you have rights - you do have financial claims on your husband but they are difficult to assess as they are partly based on your needs.

How much is the house worth and how much is outstanding on the mortgage?

Customer: replied 11 months ago.
House is worth £140,000 and he owes approximately £90,000
Customer: replied 11 months ago.
It's ok I will sort it myself. Thanks anyway
Customer: replied 11 months ago.
Disgraceful, paid for advice and did not receive any at all!!!
Expert:  Clare replied 11 months ago.

My apologies - sadly the time caught up with me

The length of your marriage and your lack of income gives a clear liability for spouse maintenance

So far as capital is concerned the fact that he has always kept the house as entirely separate investment means that the Family Court will not necessarily regard it as a matrimonial assets for division between you.

However in your favour is the fact that there are no other capital assets.

This means that you are likely to be entitled to a lump sum from the equity - not 50% of it but certainly a share of it.

How large that share might be will depend on how much you will need to set yourself up in a new home - somewhere between £4,000 and £8,000 is very achievable with £12,000 potentially possible but unlikely

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

Customer: replied 11 months ago.
Thanks, ***** ***** will seek 2nd opinion.
Expert:  Clare replied 11 months ago.

You are welcome to do so - but a 70/30 split in his favour would still be the best achievable I fear - with 80/20 more likley given the fact that you were renting before.

Clare and other Family Law Specialists are ready to help you

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