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ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1436
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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Oh dear where do i begin! I put all my money in a house as

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Oh dear where do i begin! I put all my money in a house as a deposit, and bought it in joint names with my partner. I married him almost 3 years ago but he has always led me to believe he was sexually disfunctional so no intamcy for the past eight years he works away 6 months and sits at home not working the remainder of the year the day before my 60th birthday i had a call from a stranger telling me hes been with another wiman since july 2014 its true the woman adnmitted it and nothing wrong in the bedroom. I told him i dont want to see him or him to be at the house but i came home from work today and he has been here he says its half his and i have no right to refuse him entry whenever it pleases him i have to sell it and he wants half the proceeds i have almost £10k debt because i sorted out his CSA and its all in my name!
Welcome to Just Answer
I am a Solicitor and will assist you.
I am sorry to hear about the difficulties that you are experiencing with your husband.
I am also sorry to tell you that your husband is partly correct.
You husband is legally entitled to reside in your property. Your husband has this right as he is a joint owner but also because it is your matrimonial home.
If you decided to divorce then river of you can make a claim in respect of the matrimonial finances.
In relation to the matrimonial finances - The correct process for dealing with the matrimonial finances and division is to go through a process known as full and frank financial disclosure. Yourself and your husband would need to exchange full details of all assets ( including pensions) and liabilities before negotiations take place in relation to settlement. Everything is included in disclosure - all assets and all liabilities. The house would be included but also would any assets of your husbands such as any pension.
The normal rule for division is 50/50 however the matrimonial causes act sets out factors which could lead to a departure from this rule. A few examples are the likely earning capacity of both of you for the future, health needs etc. Therefore if your husband has a higher earning capacity then you then this gives you scope to ask for a bigger share. You can also claim for spousal maintenance if he earns more than you.
The 50/50 is therefore not as clear as he is saying and you have scope to argue for more.
Please do ask if I can clarify anything for you.
Kind Regards
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Customer: replied 2 years ago.
Thank you, ***** ***** afford to go further, he has no pension or assets other than the house and a car, he earn high during his work contract, but i have steady employment and a small pension. Maybe I should just walk away frim the home?
Customer: replied 2 years ago.
I can't afford a monthly payment ciming frim my account? This won't happen will it?
If you haven't subscribed then it's just a one off fee.
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Please don't hesitate to ask if I can assist you further
Kind Regards
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