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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34276
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have just found out my wife has had a affair

Resolved Question:

Hi, I have just found out my wife has had a affair with a man who is a drug dealer. I have lived in our house for 3 years however it was purchased with a mortgage from the Halifax under my wife's maiden name. 2 years later we got married. The flat is still in her maiden name with the mortgage company even though her surname has changed to match mine. If i leave the flat am I entitled to half the proceeds if sold even though it is in her old name. I am not on the paper work? If I move out and her new boyfriend moves in am I responsible for the property bills even though they are not in my name? Do I stay in the flat or move out? There is no equity at the moment however in time i do believe there will be. Do I wipe my hands of this and just go or do I stay

I have been paying all the bills in the house as well as the mortgage. The drug dealer is a bad person and I do believe if he moves in it will be bad for me. Can you help Thanks

Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years 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 long have you actually been married?
Are there any children involved?
How much is the property worth and how much is outstanding on the mortgage?
What other assets are there and what income do you each have?
Clare
Customer: replied 2 years ago.
Hi, been married 15 months. No children
Property is valued £130000 Mortgage £120000
Not much has been paid of mortgage as the property was purchased in 2012
No assets
£100 per week each
Hope that helps
Expert:  Clare replied 2 years ago.
Hi
Who paid the deposit on the property and just confirm - you are not named on the title deeds?
Clare
Customer: replied 2 years ago.
I am not on the deeds but paid the deposit and costs
Thanks
Expert:  Clare replied 2 years ago.
H
How much did you pay as a deposit?
Clare
Customer: replied 2 years ago.
I have put 10,000 into the property... Thanks
Expert:  Clare replied 2 years ago.
Hi
Do you want to retain the property - if so can you remortgage and release your ex?
Clare
Customer: replied 2 years ago.
Hi, don't really want the property
Thanks
Expert:  Clare replied 2 years ago.
Hi
Do you consider that the marriage is at an end - if so do you accept that if the house was sold tomorrow there would be little or no equity to divide?
Clare
Customer: replied 2 years ago.
Hi, yes I understand there is nothing just concerned if my wife runs up
Bills am I liable . This is likely to happen if she moves her new man in as he is a adict
Expert:  Clare replied 2 years ago.
Hi
Are any of the Utility bills in your name?
Clare
Customer: replied 2 years ago.
Hi Claire
No only Sky TV and council tax but this is in joint names. Rest is in wife's maiden name
Expert:  Clare replied 2 years ago.
Hi
That is good
Last point - how soon before you think the price will increase?
Clare
Customer: replied 2 years ago.
Hi, within the next 5 years I think the prices will increase .. We live in a growing area
Expert:  Clare replied 2 years ago.
Hi
If you wish to benefit from any increase in the equity means that you will have to continue to be in some ways financially linked to your ex
It woudl seem more sensible to walk away - you are not liable for any bill son the house since you are not living there.
Within any divorce proceedings you should look for an Order dismissing all claims you have against each other - otherwise whilst you could make a claim on the house in future - she could still make a claim against you as well - which may not be a good option
I hope that this is of assistance - please ask if you need further details
Clare
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