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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34885
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I separated from my husband 4 years ago when I discovered he

Customer Question

I separated from my husband 4 years ago when I discovered he was having an affair.
We sold the family home last February and from the 185,000 profit I had 150,000 as a deposit for my house that myself and our two children aged 11 and 15 live in, the house is in my name only and I have a small mortgage. My husband had 35,000.
We are still not divorced as yet, he has been living with his new partner since he left, I have been living on my own with the two children.
My circumstances are changing in that my partner is going to move in with me and the children (I have been seeing him for 3 years). He has no property of his own to sell but I am not putting him on my mortgage simply making provision for him to stay in the house until he dies should I die first. The house can then be sold and the two children will split the profit between them.
I realise that my husband will reduce the amount of maintenance he gives me when my partner moves in, but my question is if he should go for any of the money in my house is he entitled to any ?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Have you got a written Separation agreement with your ex?
How much maintenance is he paying, and have you considered divorce proceedings
Is it your new partner's claims that you are concerned about?
Customer: replied 3 years ago.

Hi Clare,


No nothing was ever done legally with my ex just agreed between us and yes he pays around £850.00 per month for the two children.


I have started divorce proceedings I am just waiting for my ex to pay for the court fees.


My new partner wants nothing from my house and its not him im concerned about, it's my ex im concerned about as I think once he realises my partner is moving in he will try and get more from me than the original 35,000 profit he had when our house was sold, he was very aggrieved that he got so little and I had the majority for my house.


Thanks for your help.



Expert:  Clare replied 3 years ago.
What other assets and debts were there and how much does your ex earn?
Customer: replied 3 years ago.



Iv know idea about debt as my ex took care of the monies. He probably had credit cards. He has no mortgage, he rents, he lives with his partner and her son.


Its difficult to know what he earns as he owns his own electrical company, but it must be 50k a year, he's never told me.


I fully expect him to reduce the maintenance I just need to know has he a right to any money in my house.





Expert:  Clare replied 3 years ago.
Since there has been no final Order within Divorce proceedings the money in your house is indeed still at risk.
Your ex is under a duty to help you house the children until they are 18 - but an 80/20 split in your favour is more than a court is likely to order - even if you gave up any claim on his pension.
So within the divorce proceedings yes your ex could seek a lump sum payment - either immediately or when your youngest is 18
Please ask if you need further details