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 Harris Your Own Question
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
Type Your Family Law Question Here...
Harris is online now

My wife and I are about to divorce due to adultery on my

This answer was rated:

My wife and I are about to divorce due to adultery on my part.
I moved out of our home 3 months ago but I don't know my rights to our home, as the deeds are in her name. I believe I'm still entitled to part of the house, is this true? How are our assets decided and divided up?

Hi, thank you for your question. As the property was the former matrimonial home and you are married, this creates matrimonial home rights for you even though it is in her sole name. This means that you have a right to occupy the property until divorce and can register this interest on the title of the property using from HR1 with the land registry. Your wife will be given notice of this registration and it can assist you to prevent or delay a sale of the property given that you have an interest in it.

As part of the divorce you are both entitled to seek financial relief from the other, and this will include taking into account all matrimonial assets, income, liability and both your needs as well as the needs of the children.

For further information please confirm:

-How old are you both?
-How long have you been married?
-Do you have any children together, if so their ages and proposed arrangements?
-What other assets and pensions do you both have (both sole and joint), together with values?
-What are your respective incomes?

In the meantime if you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.

-How much the property is worth, how much mortgage is outstanding and how many bedrooms it has?

Harris and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
We have been married for 5 years and she sold her previous flat and borrowed money from her parents as well as a mortgage.
I am 40 and she is 31.
No children
She has a pension, I do not
We have a car, it is at the amount on finance but her parents had agreed to pay around £25k lump sum after 6 months to pay offShe earns around 80k in a permanent role, I am a contractor on approx. £100k

Thank you for the further information. In relation to the "borrowed" money from her parents - is there a formal agreement, deed of trust or evidence of repayments that prove it is a loan and not a gift?

How much is the home worth and how much mortgage is outstanding?

Customer: replied 1 year ago.
There is a written agreement about the loan from her parents. They are former estate agents. I believe it's 80-100k but I have no paperwork on it.
We bought the house for 375k and it has not been valued since major double level extension was built on it, but I'd say it's around 550-600k
200k left on mortgage.
Customer: replied 1 year ago.
Also I paid for only one or two of the bills, my wife would pay for the rest and the repayments and mortgage.
I would pay for home improvements, holidays etc. as I didn't earn as much as her until last year.

Thank you for confirming. If there is an agreement in place regarding the money they provided then a court will likely agree that this should be met from any proceeds of sale.

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. Given both your high incomes and the home being the only asset, a 50-50 split would likely be reasonable to meet both your needs.

The criteria considered 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.