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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1494
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I have been married for 10 years, together for 16. I have

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I have been married for 10 years, together for 16. I have just found out my husband is having an affair. My name is ***** ***** the mortgage or on the deeds of the house, if we separate am I entitled to half of the estate?
Assistant: Where are you located? It matters because laws vary by location.
Customer: We live near Shrewsbury in Shropshire
Assistant: Has anything been filed or reported?
Customer: No, I have waited to see if it fizzles out, but I am getting to the point of no return.
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: No I don't think so at the moment thank you

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

I am so sorry to hear about what has happened.

Do you have any specific lega questions that I can assist you with?

Kind regards

Caroline

Customer: replied 1 year ago.
Hi CarolineMy name is Linda. I just want to know really if I am legally entitled to half of the house, being 51 and not really wanting to go down this road I really just want to know what I am entitled to if we do separate.Thank you for your help
Linda

Hello Linda

I can tell you that should divorce proceedings be issued then either of you is able to make a claim in respect of the matrimonial finances.

In relation to a long marriage, such as yours then the starting point for the division of the matrimonial assets is equality.

The matrimonial assets does not just include the house but any other matrimonial assets including pensions, savings etc etc.

The court look at the following criteria when deciding if it should depart from equality:

  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 (e.g. a right to your husband’s pensions).

Basically if any of these apply to you - such as you earning less than your husband, then you should actually be arguing for a larger share of the matrimonial assets for you.

If your husband does earn more than you can also seek spousal maintenance.

Let me know if you have any more questions.

kindest regards

Caroline

Positive feedback is gratefully received

ukfamilysolicitor and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you for your prompt response, I am very impressed with this service

Dear *****

Glad I could help. I wish you all the best at this difficult time. If you have any further questions please do not hesitate to ask in this thread and I will be able to answer them for free for you.

kindest regards

Caroline