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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 35311
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My husband has been having an affair with another woman we

Customer Question

My husband has been having an affair with another woman we have been married for 27 years and have a house together and one older daughter. I just wondered where I stand is he untitled to half of everything? Would I need to prove he has had an affair? He is still living at are home. If he leaves are home would that change anything legally? I just would like some legal advise as to where I stand.

Yours faithfully Rachael Callaghan
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.
What assets and debts are there and what income do you each have?
Customer: replied 4 years ago.
We both have cars and the house I earn around 40,000 a year and my husband 20,000 a year we both have petitions but no debts
Expert:  Clare replied 4 years ago.
How much is the house worth and how much is outstanding on the mortgage?
Customer: replied 4 years ago.
There is no mortgage and the house is worth around 250,000
Expert:  Clare replied 4 years ago.
Then the starting point for division of all the assets is 50/50 and it is unlikely that the court will depart from this
Adultery is hard to prove if he doe snot admit it in writing - and in any event the grounds of the divorce do not effect the the financial settlement.
Whether he remains in the property for now or not is also irrelevant I am afraid
I hope that this is of assistance - please ask if you need further details