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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1096
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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Oh dear where do i begin! I put all my money in a house as

Customer Question

Oh dear where do i begin! I put all my money in a house as a deposit, and bought it in joint names with my partner. I married him almost 3 years ago but he has always led me to believe he was sexually disfunctional so no intamcy for the past eight years he works away 6 months and sits at home not working the remainder of the year the day before my 60th birthday i had a call from a stranger telling me hes been with another wiman since july 2014 its true the woman adnmitted it and nothing wrong in the bedroom. I told him i dont want to see him or him to be at the house but i came home from work today and he has been here he says its half his and i have no right to refuse him entry whenever it pleases him i have to sell it and he wants half the proceeds i have almost £10k debt because i sorted out his CSA and its all in my name!
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
I am sorry to hear about the difficulties that you are experiencing with your husband.
I am also sorry to tell you that your husband is partly correct.
You husband is legally entitled to reside in your property. Your husband has this right as he is a joint owner but also because it is your matrimonial home.
If you decided to divorce then river of you can make a claim in respect of the matrimonial finances.
In relation to the matrimonial finances - The correct process for dealing with the matrimonial finances and division is to go through a process known as full and frank financial disclosure. Yourself and your husband would need to exchange full details of all assets ( including pensions) and liabilities before negotiations take place in relation to settlement. Everything is included in disclosure - all assets and all liabilities. The house would be included but also would any assets of your husbands such as any pension.
The normal rule for division is 50/50 however the matrimonial causes act sets out factors which could lead to a departure from this rule. A few examples are the likely earning capacity of both of you for the future, health needs etc. Therefore if your husband has a higher earning capacity then you then this gives you scope to ask for a bigger share. You can also claim for spousal maintenance if he earns more than you.
The 50/50 is therefore not as clear as he is saying and you have scope to argue for more.
Please do ask if I can clarify anything for you.
Kind Regards
Caroline
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Customer: replied 1 year ago.
Thank you, ***** ***** afford to go further, he has no pension or assets other than the house and a car, he earn high during his work contract, but i have steady employment and a small pension. Maybe I should just walk away frim the home?
Customer: replied 1 year ago.
I can't afford a monthly payment ciming frim my account? This won't happen will it?
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
If you haven't subscribed then it's just a one off fee.
If you have subsribed then you can tell customer service that you only want one off advice and they will sort it for you.
Please don't hesitate to ask if I can assist you further
Kind Regards
Caroline
Positive feedback gratefully received