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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33290
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My husband walked out 6 weeks ago, he has admitted to seeing

Customer Question

My husband walked out 6 weeks ago, he has admitted to seeing someone else for 3 weeks but I have evidence that he has been unfaithful since the end of jan. at the weekend he told me the house that me and my children live in needs to be sold and he's already sought legal advice. Told me he needed financial paperwork and was going to enter the family home to get this when I was away. I felt threatened for the the teenage house sitter I had staying there so I changed the locks. Yesterday he decided yet again to try to enter the house and found out about the locks. Has since told me he will be back today to access the home and will change the locks back unless I let him in. I have said I will pack up all his personal effects and they and his paperwork will be ready for him to collect to save him coming in the house. He has now said I am breaking the law refusing him access (he is threatening me and my children and I have evidence of this and witnesses of him doing it yesterday) and has said his solicitor will be in touch today. Do I have to let him in when I feel threatened? Can I just give him all his stuff as he was the one who left? How quickly can I divorce him for adultery? Even is his affair started after he left the house all he did was up and leave, never discussed separating and refused to talk to me, just expected me to let him back in when ever he wasn't on holiday or sleeping with her and felt like seeing his kids. He has seen them 8 times in 6 weeks around his holidays/dates!
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
What other assets are there and what income do you each have?
Why do toy not wish him to come into the house, and how old are the children?
Clare
Customer: replied 1 year ago.
Hi children are 12 and 13. I don't want him in the house as he is sneaking in and taking items and tells me he has a right to come and go as he pleases. All I have asked is that he is honest about what he is taking and why and asks to come round but he's too arrogant and rude for that. I felt intimated and threatened so I changed the locks but have never said he can't come round.
The house is yet to be valued, around £400k I think and about 7 years left to pay.
Can I divorce him for adultery.
Thanks
Expert:  Clare replied 1 year ago.
Hi
Using the Adultery Ground for divorce is rarely wise as it requires your ex to admit to it.
You will do better to divorce him on the basis of his Unreasonable Behaviour. This is much easier and it makes no difference to either the financial matter or the issues around the children.
I am afraid that you were not entitled to change the locks as your ex is entitled to return to the matrimonial home whenever he wishes - unless he is excluded because of violence
It is highly unlikely that the house will have to be sold until your youngest child is 18 - but without know ing how much is outstanding on the mortgage it is hard to be certain
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 1 year ago.
But he has admitted it on text is that not enough?
He is insisting I sell it so he can have his equity to move on..... I am getting a valuation tomorrow....
Can I divorce him online? How do I work out how much he has to give me?
Expert:  Clare replied 1 year ago.
Hi
he can insist all he likes - it is the housing needs of the children which have priority
The text would not be enough - which is why using Unreasonable Behaviour is a better bet - it means you keep control of the process
You can access the forms here
www.gov.uk/divorce/file-for-divorce
You shoudl deal with the finances using Family mediation
www.familymediationhelpline.co.uk
Please ask if you need further details
Clare
Customer: replied 1 year ago.
Hi the paperwork states around £60k, a term of around 8-9 years.
Thank you
Steph
Expert:  Clare replied 1 year ago.
Hi
How much does a cheaper three bedroom property in the same school area cost to buy?
Clare
Customer: replied 1 year ago.
Hi a new build 3 bed is around 325k, an ex council home is around. 250k...,
Thanks Clare
Expert:  Clare replied 1 year ago.
Hi
Even if the house was sold you will need most of the proceed sto rehouse yourself and the children - so your ex is going to have to wait until your youngest child is 18 or you cohabit to obtain his share of the equity
Clare

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