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 Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 35042
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

my wife has found out i have been having an affair, although

This answer was rated:

my wife has found out i have been having an affair, although apart from text messages we have not been seen.She asked me to leave or property and put it on the market, and up until now 5 weeks) she has taken over ALL out going payments (gas water mortgage etc.) from the house, which is,registered in both our names. she has now informed me she is taking the house off the market, and going for a divorce ( i am not sure whether she is naming the other girl or not or, it makes a difference!). I am self employed and my personal income is very low and last year had to take money from a mortgage reserve pot to keep my bank balance in the low red. I cannot anticipate raising thousand to fund a divorce, where as she is a professional person earning a regular income.I need the money from the sale of the property to look to the future. Could i get legal aid to fund this when she passes me the papers, and am i still entitled to half the house?
Hello,
I am afraid that legal aid is now not available for a low income earner such as yourself unless there was domestic violence against you, these legal aid changes came into force from 1 April 2013.
Secondly, the usual starting point in division of assets is 50 /50 but the court will have the final say depending on the personal circumstances of each case, from what you say, yes, there is a good chance of you being awarded half of the house.
Hope this helps
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How long have you been living together and are there any children involved?
How much is the house worth and how much is outstanding on the mortgage?
What other assets and debts are there and what income do you each have?
Clare
Customer: replied 3 years ago.

HI Clare, we have been married and living together for almost 40 years (next April). the house was valued at £239,995 and we owe with offset mortgage borrowing plans about £120,000. we only have one daughter left at home and she will be 22 later this year. i am unsure about my wife's exact income but she is a midwife and earns about £30k per year. I am self employed, and semi retired but do work. my last tax bill was about £25 as my income was so low, however, last year i did earn about £12 - £14K but at the moment and since April i have had no other work. I am 61 this year, my wife is 58. The only asset we have is the caravan i am having to live in 80 miles away but only until October. My concern is she wont sell the house, therefore i will not get any money. to look for rented property.

Hi
What pension provision do you each have?
Clare
Customer: replied 3 years ago.
Unsure about her I know she had a lump sum a while back of about 40k which we have used a small amount and I have a private pension when I am 65 again unsure. I get£40 or near as per month from some prison plan but that's all I know.
Customer: replied 3 years ago.

I am unsure really as she has dealt with most of our finances. She had a lump sum from NHS when she was 55 which was about £40k, which i do know we spent a bit, but she has invested the rest. i get about £40 per month from a private pension from years ago and i get another one at the age of 65 (a small lump sum and then a figure P.A.). Again my concern is do i have to wait for HER to sell the house? Does my 'Affair' have any bearing on the outcome of a settlement of the house and assets etc. I am worried she can, with the help of friends and family she can stay in the house in definately without selling forcing me to stay in rented accommodation and bleed me dry.

Hi
How much does a one bedroom/studio property in the same general area cost to buy?
Clare
Customer: replied 3 years ago.

Buy? i would never get a mortgage at my age to be honest, but i would think £120 - £140K but that is a total guess, sorry.

HI
Has your ex started Divorce proceedings yet?
Clare
Customer: replied 3 years ago.

Sorry internet access terrible here. Not that i know o,f i presume the next step is that i will be contacted or receive a letter. Will 'having an affair' or 'naming another woman' have any financial bearing on my situation.

Hi
The fact that you may or may not have committed adultery is not relevant to the financial settlement
If she wishes to use adultery as the ground for divorce then she will need your co-operation so do not admit anything in writing.
You should offer to discuss matters with your ex using Family mediation (www.familymedaitionhelpline.co.uk) - for which Legal Aid is still available
If she will not agree then within the divorce proceedings you can apply to the court for the finances to be dealt with and force a sale of the property - which you can do yourself - no lawyers needed
Please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 35042
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you