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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My husband has committed adultery, I would like him to leave

Resolved Question:

My husband has committed adultery, I would like him to leave the marital home but I need to know where I stand legally. He own's the house out-right (he paid mortgage off in 2010) but my name is ***** ***** deeds so do I have a right to do this?
Submitted: 11 months ago.
Category: Law
Expert:  Clare replied 11 months ago.

Thank you for your question

My name is Clare

i shall do my best to help you but I need some further information first

How long have you lived together and are there any children involved?

How much is the house worth and how much is outstanding on the mortgage?

Customer: replied 11 months ago.
We have been married/lived together 20years. I have two daughters at home aged 19 & 16. The house is worth around 180k, there is NO mortgage.
Expert:  Clare replied 11 months ago.

My apologies - you had said that about the mortgage

Is there somewhere else he could move to?

Have there been any threats of violence?

Customer: replied 11 months ago.
No threats of violence. Happily married for 18years (or so I thought) then in 2015 i found out he'd been having an affair when he was stationed in the army 2008 to 2009, whilst i'd been living in our home, bringing up kids, working etc., he in barracks. The affair lasted about a year, but he was still texting her up until I read his messages on his phone.(2015). This all stopped once I found out, a year on I still can't forgive & forget, & I just want to move on with my life, but need to know legally where I stand, I helped pay deposit on house & mortgage payments (joint account) until mortgage all paid off. I had my fingers burnt before & swore I would never have another mortgage, hence me being on the deeds. I know I would be entitled to half the army pension aswell. Yes he can move & rent a room somewhere, its just if he turns round & says no, this is his house I would like to know the legal jargon on that please.
Expert:  Clare replied 11 months ago.

How much will a cheaper two bedroom property cost to buy?

What income do you each have?

Customer: replied 11 months ago.
I've just looked on rightmove to get a rough idea, our 4 bed det is worth around 200k, 2 bed semi/terrace in our area are around 135k. Husbands Income is £20k + £8k army pension = £28k per annum after tax. I'm on £12k a year self employed.
Expert:  Clare replied 11 months ago.

The bad news is that you cannot force your husband to leave the house immediately unless there is an incidence of violence.

In the longer term as part of the financial side of divorce the property will need to be sold - with a starting point of the equity being shared 50/50.

However you will be able to claim a larger share of the equity in order to house your daughter until she is 18 - and if you forgo your claim for a pension share there is no

reason why you should not have the larger share permanently.

You should offer to discuss all this with him using Family mediation

www.familymediationehlpline.co.uk

I hope that this is of assistance - please ask if you need further details

Customer: replied 11 months ago.
Thank you just wanted some sort of clarification.
Expert:  Clare replied 11 months ago.

I wish I could have given better news

Clare and 2 other Law Specialists are ready to help you
Customer: replied 11 months ago.
Its ok, gutted that I don't have more legal rights than him seeing as he's made this problem, but I have a full understanding now. Thank you.