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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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Ive had my suspicions about my husbands behaviour for a couple

Customer Question

Ive had my suspicions about my husbands behaviour for a couple of weeks now. He has an extra spring in his step and has been very attentive to me, whilst closely guarding his mobile phone. He has also been deleting messages exchanged between him and a new employee of ours. As a result, I installed smartphone monitoring software on his phone and have now got the evidence that they are, at least, having an emotional affair. I have an audio recording where he tells her he loves her. I don't know whether their relationship is physical or not. I don't know what to do, we have been married for 26 years, and I don't know where I stand financially or any other way for that matter. What advice can you give?
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
I shall do my best to help you but need some further information first.
Are you looking for legal or relationship advice?
Claire
Customer: replied 3 years ago.

Probably both! But to be fair, I want to know my legal situation at this point. He doesn't know what I know about him. I need to know what his financial obligations would be to me. We have been married for 26 years, have a home with a mortgage that has 6 years left on it. I gave up self-employment last year and stay at home to deal with all the admin for his gardening business.

Expert:  Clare replied 3 years ago.
Hi
How much is the house worth and how much is outstanding on the mortgage
What other assets and debts are there and what income do you each have?
Are there any children involved?
Claire
Customer: replied 3 years ago.

The house is worth about £280,000...I spent my inheritance money having a sizeable extension added to it earlier this year. Before that, it would have been worth about £220,000. There is roughly £70-80,000 outstanding on the mortgage. We have three sons, all grown up now, but the youngest two aged 21 and 23 still live at home.

Expert:  Clare replied 3 years ago.
Hi
How much did you inherit and when.
What other assets are there and how much is his business worth?
What income do you each have?
Claire
Customer: replied 3 years ago.

My father died in January 2012, and I was the sole Executor of his estate. My share of the inheritance money amounted to just under £110,000. I used it for the extension, paying off some debts, and keeping us afloat last year while he had little work coming in. He is a self-employed sole trader and his gross income last year was about £40K. I have no income any more, although I do have inheritance from my mother who died three years ago, I put that away in a savings account which matures at the end of this month and that totals £35,000.

Expert:  Clare replied 3 years ago.
Hi
How much does a one bedroom property in the same general area cost?
Claire
Customer: replied 3 years ago.


I don't know, I would have to take a look but I know that two bedroom homes in the area go for about £110 - 120,000 if that's any help.

Expert:  Clare replied 3 years ago.
Hi
The starting point for the division of all the assets is 50/50 - however the fact that you have inherited monies recently means that you are likely to get a larger share.
You will certainly be able to retain the £35,000 held in your name - and you may get a larger share of the equity in the Matrimonial Home - maybe 60/40.
You may also have a small claim for maintenance - but given the problems his business has had that is more doubtful
I hope that this is of assistance - please ask if you need further information
Claire
Customer: replied 3 years ago.


Thank you for the information. Can I print this off? It's OK - Ive just done it, thank you.

Expert:  Clare replied 3 years ago.
Hi
You are most welcome - I hope all goes well
Claire

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