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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2739
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My wife and I have just separated after I had an affair of

Resolved Question:

My wife and I have just separated after I had an affair of 3 years. Me and my wife have been together for 7 years and married for 2 years this July 12th. We have no children and own our own house which is registered in both our names and have a interest only joint mortgage which I have been paying but has now been taken over by my wife. We paid £300.000 and have a mortgage of £120.000 and when we bought the house my wife put the money into it from the sale of her previous house after devoice. I have had to move out and not allowed into the house after my wife called the police on 2 separate occasions saying she felt unsafe and the police asking me to leave and on the 2nd occasion making me leave my house keys - can they do that? I wish to know my full legal rights regarding living in the house and my rights should/if we get devoiced. People tell my I am entitled to half the house even though I did not put any money into it and the house would either have to be sold or my wife would have to buy me out. Can I move back in or have access to the house?
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. Just a bit more information required to fully assist you:-are the police taking any further action?-what other assets do you both have?-what are your respective invome positions?
Customer: replied 1 year ago.
No the police are not taking any further action and I was not arrested and there was no offence committed. We own 2 horses and obviously everything that goes with them and always paid half for everything. We own a horse trailer and a car to pull it. My wife has taken over the running of her parents 100 acre farm. Her dad died in December leaving just the mother so eventually the farm will be sold. I think my wife intends to pay the remaining of the mortgage with some of the money from the sale of the farm - does this effect me? Sorry don't understand last question. We are both earning around £14.000 a year. My wife runs her own business with her ex husband and is employed as a company director and earns a minimal amount from running the farm. I manage a riding school.
Expert:  Harris replied 1 year ago.
Thank you for confirming. As the home is owned jointly and was the former matrimonial home you have both a legal interest and a right to occupy the property unless there are police conditions or a court order in place excluding you from the property - therefore legally you are allowed to return. It is likely the police advised you not to return so that there is no incident but this does not stop you returning.Given the marriage is 2 years, if you had cohabited prior to this a court will consider the period of cohabitation as part of the length of marriage and puts further weight to your position regarding making a claim towards the property.The court looks at the criteria below when deciding how to divide assets and make financial orders, with a starting point of a 50-50 split of all matrimonial assets and ensuring that both your needs are met in relation to both assets and income. Given that the marriage may be considered short there could be argument that any assets obtained prior to the marriage should be "ring-fenced" but a court will still take those assets into account. The criteria considered is:1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;3. The standard of living enjoyed by the family before the breakdown of the marriage;4. The age of each party to the marriage and the duration of the marriage;5. Any physical or mental disability of either of the parties to the marriage;6. The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;7. The conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
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