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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10647
Experience:  I have been practising for 30 years.
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I am looking for advice on getting a separation from my wife

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I am looking for advice on getting a separation from my wife we have only been married for 18 months , the house was mine prior to our marriage, but she said she wanted security as I could kick her out anytime , foolish I signed over half the house to her and also took out Equity for 55 thousand to pay off the mortgage and buy her a 30 thou Motor home, she has been having an affair with another woman , now she says that she will sign over her half of the house legally to me , I am Disabled so cannot travel very far , no transport, could you please give me some advice as I cannot afford a solicitor she's taken over a short period of time all my monies , thank you in advance , yours Mrs Janice Chappell

Hello - for clarification so shes now saying she will sign her share back to you?

Customer: replied 8 months ago.
Customer: replied 8 months ago.
Cannot afford any monies used last 47 pounds to join this line , at the moment she just wants out of any responsibility, so I'm staying amiable I'm 72 years of age

Thank you. I’m going to be off-line shortly until later but will pick this up then.

The fact that you may be in a same-sex relationship and that she is in the same-sex relationship is immaterial if you are married.

A few extra questions please.

She said that she is signing her share of the house back to you what about the motorhome?

How long were you together before you got married?

Are you going to get divorced?

Will she admit to the affair for divorce purposes?

Did she bring any money into the relationship or the marriage?

Do either of you have any other savings, asset or pension?

Customer: replied 8 months ago.
We married on March 10th 2016, this is the second time she's had an affair , I took her back but she said she needed security as I could kick her out at any time , foolishly I made over half the house to her and took out 51 thousand pounds Eq I said if she signed the house over she could keep the Motor home we been together 22 yrs ,but now my health failingshe will not admit to it wants a separation amicable, didn't bring any monies into relationship we only have pensions no savings

Thank you.

For the purposes of the division of the finances on the divorce, this is looked at as being a long marriage because although you have only been married for 18 months, you have been together for 22 years.

Therefore the whole period of time that you were together would be taken into account with the division of the marital finances.

Don’t feel too bad about having signed over half of the house to her because she could have registered a Matrimonial Home Right notice against the property which would stop you selling or remortgaging it and in any event, her financial claim on the property is exactly the same whether you have the property in joint names or sole name.

With no dependent children of a marriage and with 22 years of marriage, it’s highly likely that whatever assets and money is in the marriage, would be split down the middle in the event of a divorce. It doesn’t matter who is responsible or what the reason is, the court doesn’t apportion blame when it comes to the division of the marital assets.

To be honest this is probably going to be more of a mathematical calculation of deciding what half of the house is worth and what half of the motorhome is worth and you and her coming to an agreement whereby she gets whatever she gets and you get whatever you get. If she is agreeable to keep the motorhome but you keep the house, then depending on how much equity is in the property, it might not be such a bad deal.

What is problematical for you here is the length of the relationship and the time you are married, not the length of the marriage in isolation.

Even if you hadn’t done what you had done, she would have had a claim probably for 50% of everything so although it’s going to hit you hard financially, you haven’t been as foolhardy as you may think you had been.

. Can I clarify anything else for you? I’m happy to answer any specific questions that you have. I am off-line shortly but will pick this up later very briefly or tomorrow.

I’m happy to answer any specific points arising from this.

Please take a moment to look at the top right hand corner of the page and rate my service by clicking one of the stars at the top of the screen. It’s important you use the rating service because that gives me credit. It doesn’t just give me a pat on the head! All you need to do is press Submit. Thank you. If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.


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Customer: replied 8 months ago.
Couldn't we just wait maybe I think it's two years and go for an amicable divorce . Or is it five years separation ,?
Customer: replied 8 months ago.
Not 22 yrs of marriage only 18 months I feel as though I've been taken for a ride