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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34589
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have been married year and my wife has cheated on

Resolved Question:

I have been married for 14 year and my wife has cheated on me more than once! can I kick her out? its our home but my family home we purchased from my step dad. . we have 2 children which I am the main carer and work full time as well as I have to adjust my hours to suit her work. she is the main bread winner. where do I stand?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HIThank you for your questionMy name is ***** ***** do my best to help you but I need some further information first.How old are the children?How much is the house worth and how much is outstanding on the mortgage?What income do you each have?
Customer: replied 1 year ago.
8 and 9
Customer: replied 1 year ago.
we owe 84.300 and the house is worth 280.000 I ern 12000 pa and she gets 35.000+
Customer: replied 1 year ago.
i have to cut my hours to look after the children!
Customer: replied 1 year ago.
sorry hello Claire thanks for your time
Expert:  Clare replied 1 year ago.
How much would an alternative cheaper three bedroom property in the same general area cost to buy?
Customer: replied 1 year ago.
I'm not selling my house! as i haven't done anything wrong!
Customer: replied 1 year ago.
she is the one lying and being deceitful!
Customer: replied 1 year ago.
280.000+
Expert:  Clare replied 1 year ago.
At this stage and given those figures it is unlikely that you will have to sell the property immediately.However I afraid that you cannot force your ex to leave unless she is violent - or until you have reached an agreement - whether within Divorce Proceeding or not.The priority for the court is the safe and secure housing of the children until they are 18.If the children remain with you then you will remain in the house worth them until they are 18 or you cohabit.At that stage you will have to either sell the house or raise funds to pay your ex her share of the equity - likely to be between 40% and 50% - a little less if your ex has a pension and you do not and you decide against a Pension Sharing Order and/or you do not peruse the issue of Spouse maintenance (to which you may well be entitled)You need to try and start negotiations with her using Family Mediationwww.familymediationcouncil.org.ukI hope that this is of assistance - please ask if you need further details
Customer: replied 1 year ago.
I was led to believe that if the house was sold and I'm the lower erner the profits of the house would be more in my favour as I have less chance getting a mortgage? on my low wage?
Customer: replied 1 year ago.
and the fact that I'm the primary carer for our children .
Expert:  Clare replied 1 year ago.
Yes as I said she could get 40% - possibly less
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