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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33284
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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After 25 years of marriage and two grown up children my husband

Customer Question

After 25 years of marriage and two grown up children my husband has been having an affair for two years. I work part time, he earns considerably more than me, if I buy him out of the house, am I entitled to alimony/maintanence?
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.

Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects. Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to
advise you fully.

Unless I have all the facts that I need, my answer would not be accurate.

Is the property mortgaged?
Customer: replied 3 years ago.

The property is not mortgaged. The mortgage was paid off from my fathers inheritance

Customer: replied 3 years ago.

Is there anymore information you require

Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
How much is the house worth and how much WAS outstanding on the mortgage?
What other assets and debts are there and what income do you each have?
Claire
Customer: replied 3 years ago.

The house is worth approx 300,000. The outstanding mortgage paid off was 70,000. There are no debts. Assets: 50,0000 plus my mother has died recently and there will be in the region of 250,000. Will he be entitled to some of that money or can I use it to buy him out?

Customer: replied 3 years ago.

My income is 34,0000 and he earns 60,0000

Expert:  Clare replied 3 years ago.
Hi
Was the £50,000 part of your inheritance from your father?
Claire
Customer: replied 3 years ago.

About 30,000 was part of the inheritance the rest are savings/ISAs. I know he has some savings, however I just want to sort things out, if possibly, quickly and amicably. If he is prepared to accept my offer I would be happy to forgo his pension, as long as he pays alimony of approx £600/700 per month so we have equal amounts of money. The children are still living in the marital home. One is just finishing uni the other is working.

Expert:  Clare replied 3 years ago.
Hi
I am afraid that the amount of your respective salaries means that spouse maintenance is not likely to be ordered
The starting point for division of the assets is 50/50 - but he has no claim on the money you are about to inherit - nor on the £30,000 you inherited from your father IF it is in an account in your sole name.
If he wishes you to give up your share on his pension then you should receive a larger share of the house equity.
I hope that this is of assistance (even if the information is unexpected) but please ask if you need further clarification
Claire
Customer: replied 3 years ago.

The monies are in my sole name. Please could you explain why he would not be entitled to any of my mother's inheritance. Would I also therefore be entitled to 50% of his pension, if were not to play fair? Thank you

Expert:  Clare replied 3 years ago.
Hi
You are entitled to half of the pension that has accrued during the marriage - so if the pension has been running for 30 years you get half of 25 years worth.
Inherited funds are treated differently - especially when they are received after separation.
In your case there are sufficient assets to divide between you without your inheritance having to be used to meet his reasonable needs

Claire

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