How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35302
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Type Your Family Law Question Here...
Clare is online now

Hi, My sister is married and her and her husband have 2

Customer Question

My sister is married and her and her husband have 2 children, she nearly had an affair, and decided she wanted to separate from her husband, the husband has now said that he's going to take the kids and that she's got to leave the house. Could you clarify her legal position in the short term on this. The house is jointly owned by them, she is most concerned by the fact that because she was potentially the one in the wrong that she has no rights to either the custody of the kids or remaining in the property?
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.
How old are the children and who has their day to day care at the moment?
How much is the property worth and how much is outstanding on the mortgage?
What other assets and debts are there and what income do they each have?
Customer: replied 3 years ago.
The children are 4 and a half (twins), they are usually looked after by our mum and dad during the day whilst my sister and husband are at work?
My sister earns £19.5k and her husband £30k the house is worth £120k with a mortgage of £100k
Expert:  Clare replied 3 years ago.
The family court takes no account of who caused the failure of the relationship.
neither spouse can be forced to leave the matrimonial home (with or without the children) unless and until there is a court order as a result of violence or a final financial order within divorce proceedings
Equally neither party can dictate that the children will live with them
They will have to discuss who should remain in the house and how the children should share their time between them using Family mediation
She must not let her husband bully her and feel guilty.
Please ask if you need further details