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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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My husband and I separated last year due to adultery on his

Customer Question

My husband and I separated last year due to adultery on his part, he moved out of our home and started a relationship with the other woman. We have two children aged 6 and 3 who I have custody of. Although this situation was extremely hard for me, we have tried to remain civil and for the most part successfully. We have not as yet commenced divorce proceedings. This question is regarding our jointly owned/mortgaged property. The house is quite large and requires some attention in some areas, my ex has not been contributing to the mortgage payments and I feel that he would not be prepared to contribute towards to the work that needs doing and the future general upkeep of property. Due this I expressed to him that I would like to sell the property and buy somewhere smaller, in a better state of repair and more manageable for me. He has said since the split that he did not want any profit from the house that it would always be for kids, but I've always been dubious about this statement as situations change. He told me that my first step should be to have the property valued, which I did. We have recently come to an agreement that he would take a small lump sum from the proceeds of the sale ('for his bills'), and I can use the rest to put towards purchasing another property. I would like to know if there is a way of legally documenting this agreement without starting divorce proceedings as I'm concerned that that would be both costly and time consuming. My main concern is that if we proceed with this arrangement the new house although solely in my name may still be classed as a marital asset when we do commence with a divorce?? Any advice would be greatly appreciated. Thank you.
Submitted: 4 years ago.
Category: Law
Expert:  Clare replied 4 years ago.
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage.
What split have you agreed?
What other assets and debts are there and what income do you each have.
Customer: replied 4 years ago.

Hi Clare,

Thank you for your reply. The house is valued at £155,000 the outstanding mortgage is approx £23,000. My annual salary is £14,000, I have no major debt just a small credit card bill and assets wise is the contents of the house. His annual salary is £11,000?? debt?? and assets he has the car and few items from the house tv, games consoles etc. The lump sum that we've agreed upon is £10,000 from sale, which I think is a decent request.

Regards Claire

Expert:  Clare replied 4 years ago.
How much do you need to buy a new house for yourself and the children?