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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1160
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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Husband has betryed me and I found out he has a 6 year old

Resolved Question:

husband has betryed me and I found out he has a 6 year old child ABROAD AND MIGHT BE MARRIED TO TO HER. We have a joint property which the deposit came from me. We have 3 children and 37 years married, i also bought a property in my name with my children inheritance from their grandfather. What will the implication be regarding this
Submitted: 1 month ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 month ago.

Hello

Welcome to Just Answer

I am a Solicitor and will assist you

I am very sorry to hear about what is happening.

Please may I ask:

- where is your husband living now?

- how old are your children?

- what is the equity in your home and the property that you bought for your children?

- any other assets for both of you including pensions?

- what is the respective earning positions for both of you?

- is divorce contemplated?

kind regards

Caroline

Customer: replied 1 month ago.
We are both living in the joint property
36,34,25
grandchildren 6,3,1
The propty we bought together is probably worth 380,000 with 58,000 owing
The property for the children is on the market at 400,000 with 197,000 owing
I do not have a pension as I had cashed it when I got to 60 and now getting 420pm
I dont have any assets
My monthly income is 26500.
He lost his job when he had heart attack last year. His job involves driving and therefore was laid off. He has now been given his licence back and he is hoping to start working part-time.
I am contemplating divorce as I am not happy in the situation and very difficult to move on. I suspect he has married this lady abroad as she has the same surname and I have documents to prove this.
He is due to claim his pension next month when he will be 65
Expert:  ukfamilysolicitor replied 1 month ago.

Hello

Thank you for your response.

Please accept my apologies for my delay in responding to you.

If you do suspect that your husband has remarried another woman then it is important that you report this to the police so that they can investigate as bigamy is an offence.

In respect of the matrimonial finances, with such a long marriage as yours, if either of you decided to divorce then the starting point for the division of the assets is equality. A claim in respect of the matrimonial finances can only be made when divorce proceedings have been issued.

The court considers the following criteria when deciding the matrimonial finances and whether to depart from equality:

The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would, in the opinion of the Court, be reasonable to expect a party to the marriage to take steps to acquire;The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;The standard of living enjoyed by the family before the breakdown of the marriage;The age of each party to the marriage and the duration of the marriage;Any physical or mental disability of either of the parties to the marriage;The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;The conduct of each of the parties, if that conduct is such that it would, in the opinion of the Court, be inequitable to disregard it;In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring (e.g. a right to your husband’s pensions).

The matrimonial assets does include the assets for both of you and therefore will inlcude the additional property that you have. Perhaps your husband may be agreeable to the additional house being left for the benefit of your children and grandchildren. If he wont then the court would have to decide. I note that you purchaed this property from your inheritance. It is possible for a court to 'ring fence' someones inheritance if there is sufficent other assets to meet needs. There is about £320k equity in your home. The court would likely order this to be sold so that the equity can be realised. If £160k was not sufficent to meet your husbands needs including his housing needs then a court may order him a larger share if it was going to 'ring fence' the property that you had purchased from your inheritance.

Let me know if I can assist you further

kind regards

Caroline

Positive feedback is gratefully received

Customer: replied 1 month ago.
Thank you for the above information. If we were to go to court, wouldnt the judge taken into consideration that I was the provider for a very long time and also the fact that I provided the deposit for the house. Secondly the second property as I mentioned belongs to my children as my dad had instructed I put the money in a trust but I chose to invest it in a property. He also has a property abroad which he inherited from his mother.
Expert:  ukfamilysolicitor replied 1 month ago.

Hello

Thank you for your response. I am glad that I could help.

When you have been married the Judge does not look at each parties contribution when deciding the matrimonial assets. The matrimonial assets are decided on the basis of need.

It does not matter that your second property is in your childrens names - the court can look behind any such trust and seek to establish the true owner. This will only become an issue if your husband wa to dispute this.

Your husbands property abroad is also a matrimonial asset and is included in the process of disclosure and division.

Let me know if I can assist you further

kind regards

Caroline

Please kindly remember to rate positively using the stars so that credit is received for helping you today. Your question remains open when your leave positive feedback and I can answer your follow up questions for free for you.

Expert:  ukfamilysolicitor replied 1 month ago.
Hello I note that this question remains unrated. Please do not hesitate to ask if I can assist you further. I would be grateful if you could use the stars to star rate my answer so that credit is received for helping you. kind regards Caroline
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