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James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1390
Experience:  Senior Partner at Berkson Wallace
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My wife has left me and the marital home admitting adultery

Customer Question

my wife has left me and the marital home admitting adultery after 4 years of marriage. During the course of our marriage she inherited some monies from her grandparents part of which she used to pay off our mortgage. Up until that point my salary being the larger covered the repayments and the majority of bills. She is now renting a flat of her own and obviously having to pay bills that she previously did not and is running low on funds. I have always been amicable in discussions about our assets and have said I will look to buy her half of our marital home. She is now claiming she can legally claim more than half as she paid off the mortgage and is even threatening to claim emotional abuse to justify her claim. The mortgage was in joint names. Has she a legal right?
Submitted: 1 year ago.
Category: Family Law
Expert:  F E Smith replied 1 year ago.

She cannot simply say that this was an inheritance and have it back. What she would have to prove is that the inheritance wasn’t meant to be and have not become a matrimonial asset and if she paid the mortgage off because at that time, the marriage was going okay, the fact that it’s has subsequently gone pear-shaped is, to a large extent, not relevant.

She may be able to claim a larger share but it’s not going to be the whole of her inheritance in all probability. In fact, you can also argue that you made all the other repayments over the years and hence, one offsets the other.

The reason for the breakup is not relevant.

Can I clarify anything for you?