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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2849
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have just been called in to help a friend in need Her

Resolved Question:

I have just been called in to help a friend in need
Her husband of 10 years has been caught out having an affair which he denies. He will not leave the martial home and is making unfair comments
We need to know our legal rights to remove the locks etc
Please help
Our phone no is 01344 644353
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Is the home in joint names or the sole name of either of them - if so who?

Has there been any domestic violence or abuse between them, if so by who?

Customer: replied 1 year ago.
Thank you. I owned my house for 16 years before my current husband moved in with me and when we remortgaged to extend the house. He put in £30,000 and I had a deed of trust drawn up to say I owned 2/3 and he would own 1/3 of the property. That is ten years ago and we now have a ten year old daughter.On the domestic violence and abuse front- there has been abuse on both sides. He also tried to hang himself four years ago and sent me photos. The police were involved in this matter. He agreed to move out for a few months and I went for counselling for six months to try to get over it.
Expert:  Harris replied 1 year ago.

Just to confirm, these details relate to the customer with the legal issue and whose husband has had an affair?

Expert:  Harris replied 1 year ago.

Hi, this question remains open. Please could you provide the requested information so that I can assist you.

Customer: replied 1 year ago.
it does apply to the husband mentioned before.
Expert:  Harris replied 1 year ago.

Thanks for confirming. Unfortunately, the reasons for the divorce will not be taken into account regarding the finances unless there is financial misconduct. You will also have no right to change the locks unless there is a court order excluding him from the property and unfortunately adultery does not in itself constitute grounds to obtain such an exclusion order.

Also, in relation to the assets, despite the agreement in place, the needs of both parties and the child will take precedence and the court can overlook the agreements and deed of trust when dividing assets, especially given the long marriage.

The Court's starting point is a 50-50 split of all matrimonial assets and ensuring that both your needs are met in relation to both assets and income. For your information the criteria considered by the court in these matters 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 using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

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