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, Solicitor
Category: Law
Satisfied Customers: 35054
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Type Your Law Question Here...
Clare is online now

My husband has committed adultery, I would like him to leave

This answer was rated:

My husband has committed adultery, I would like him to leave the marital home but I need to know where I stand legally. He own's the house out-right (he paid mortgage off in 2010) but my name is ***** ***** deeds so do I have a right to do this?

Thank you for your question

My name is Clare

i shall do my best to help you but I need some further information first

How long have you lived together and are there any children involved?

How much is the house worth and how much is outstanding on the mortgage?

Customer: replied 1 year ago.
We have been married/lived together 20years. I have two daughters at home aged 19 & 16. The house is worth around 180k, there is NO mortgage.

My apologies - you had said that about the mortgage

Is there somewhere else he could move to?

Have there been any threats of violence?

Customer: replied 1 year ago.
No threats of violence. Happily married for 18years (or so I thought) then in 2015 i found out he'd been having an affair when he was stationed in the army 2008 to 2009, whilst i'd been living in our home, bringing up kids, working etc., he in barracks. The affair lasted about a year, but he was still texting her up until I read his messages on his phone.(2015). This all stopped once I found out, a year on I still can't forgive & forget, & I just want to move on with my life, but need to know legally where I stand, I helped pay deposit on house & mortgage payments (joint account) until mortgage all paid off. I had my fingers burnt before & swore I would never have another mortgage, hence me being on the deeds. I know I would be entitled to half the army pension aswell. Yes he can move & rent a room somewhere, its just if he turns round & says no, this is his house I would like to know the legal jargon on that please.

How much will a cheaper two bedroom property cost to buy?

What income do you each have?

Customer: replied 1 year ago.
I've just looked on rightmove to get a rough idea, our 4 bed det is worth around 200k, 2 bed semi/terrace in our area are around 135k. Husbands Income is £20k + £8k army pension = £28k per annum after tax. I'm on £12k a year self employed.

The bad news is that you cannot force your husband to leave the house immediately unless there is an incidence of violence.

In the longer term as part of the financial side of divorce the property will need to be sold - with a starting point of the equity being shared 50/50.

However you will be able to claim a larger share of the equity in order to house your daughter until she is 18 - and if you forgo your claim for a pension share there is no

reason why you should not have the larger share permanently.

You should offer to discuss all this with him using Family mediation

I hope that this is of assistance - please ask if you need further details

Customer: replied 1 year ago.
Thank you just wanted some sort of clarification.

I wish I could have given better news

Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Its ok, gutted that I don't have more legal rights than him seeing as he's made this problem, but I have a full understanding now. Thank you.