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ivorylounge,
Category: Law
Satisfied Customers: 33972
Experience:  Barrister at Self Employed Barrister
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I’ve just found out my wife has been having an affair we

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I’ve just found out my wife has been having an affair we have two children 11 and 15 I want her to leave the house the rent is all in my name can I legally make her leave she can have and see the kids any time with no restrictions

who normally looks after the children? Is there any DV?

Customer: replied 5 months ago.
She would normally look after them
Customer: replied 5 months ago.
Not sure what you mean by dv

domestic violence from her to you

do the kids want to stat with you or her?

Customer: replied 5 months ago.
No domestic violence
Customer: replied 5 months ago.
The oldest what’s to stay with me I haven’t got the heart to ask the youngest yet it’s all quite new

Ok. The key is really where the children would want to stay as from the court's perspective this would be key - for them to have a home. Even if the house is in your name as you are married your wife has rights and as such the children will be key as to the issue of the property.

Customer: replied 5 months ago.
My wife doesn’t earn an income I pay for everything if she was to come back to the house would I legally have to carry on paying she is at her perants who have enough space

It would depend if you were planning to get divorced really.

Customer: replied 5 months ago.
I think we would have to can’t see there is any going back from this

Then you would have to split the assets between the two of you

Customer: replied 5 months ago.
Ok thanks for your help

Do you have any further questions? Please also rate positive.

Customer: replied 5 months ago.
It was mostly about where I stand with the house right now

Got you. Come back as necessary but please rate positive.

My name is ***** ***** I have been a solicitor for more than 35 years

The position is that your wife has Matrimonial Home Rights and you cannot force her to leave.

You can of course ask her to do so - but if she takes advice she will be told that she can return AND that because you made her go she can apply for an order forcing you to leave so that she can live there with the children.

The best way forward is to attend Family mediation to discuss how the separation should move forward.

www.familymediationcouncil.org.uk

At 15 your eldest child can decide which parent he lives with - at 11 your youngest has some say but not necessarily the final word.

If the children live with her you will have to pay child maintenance and since you earn and she does not then you are likely to be liable for spouse maintenance in the short term.

I am delighted that my colleague has agreed with me in this regard; although I would point out that the court would very rarely seek to split the two children so the position of the 15 year old is key.

I hope that answers your question. Please ask anything as necessary.

I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you.

ivorylounge,
Category: Law
Satisfied Customers: 33972
Experience: Barrister at Self Employed Barrister
ivorylounge and other Law Specialists are ready to help you

In fact the ages of the children mean that the court ould have few concerns about separating the children - so please do not rely on the wishes expressed by the eldest