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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 16443
Experience:  I have been practising for 30 years.
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My husband has had an affair. We have been together over 24

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My husband has had an affair. We have been together over 24 years and married for over 9 years. We own a property together so do not have a mortgage. We have a 16 year old and a 13 year old, both in full time education. I just wondered what our rights would be in regards ***** ***** property we jointly own? Any advice would be appreciated.
JA: What steps has your husband taken? Has he filed any papers in family court?
Customer: No, nothing yet. I only found out last weekend about the affair, he has been staying at his parents since, but want to come back home on Saturday?
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does your husband live in?
Customer: So I need to go to court then basically?
JA: Anything else you want the Lawyer to know before I connect you?
Customer: We live in the Vale of Glamorgan

Good afternoon. I will assist with your question - be aware this is an email not chat service.

what do you want to do?

stay in property until the children are 18?

do you wish to divorce?

does he have pension?

what is your preferred outcome

Customer: replied 2 months ago.
Stay in property until children are 18

The total length of time that you have been together will be taken into account in assessing the length of the marriage. It is a long marriage.

The starting point for the division of marital finances is 50-50 and it is then adjusted up or down, one way or the other, in favour of one partner or the other depending on what the individuals put in at outset, the length of marriage and the time together before marriage, the needs of the individuals after the divorce, what savings, assets, pensions et cetera there are and also the ability of each person to work after the breakup.

The time which a couple are together before they get married will be taken into account because it would be grossly unfair if someone had been together for 30 years and then split up after being married for 12 months to have the finances treated in the same way as a couple who had got married not long after they met and were then divorcing after just 12 months.

It’s largely a mathematical thing but does look at needs after divorce.

Even if everything is being divided down the middle, it’s not really a case of dividing it down the middle, all the assets wouldn’t be split 50-50 but the bulk would be 50-50 and therefore one person may keep the house and the other for example could have the savings and the pensions.

Unless a sale of the house produces enough money for the parent looking after the child(ren), the resident parent, until the youngest reaches 18 and produces a surplus for the non-resident parent, the sale of the house is not on the cards until the youngest child reaches 18.

Both parents are under a duty to provide a home for dependent children until they reach 18. Only then would the house be sold.

So the chances that unless there is a large amount of equity in the property, and of the children are going to live with you, then you can probably hang onto the property for another 5 years at least.

If he is desperate for the money from the property now, he may accept a reduced amount if you can afford to buy him out, rather than him wait another 15 years.

Can I clarify anything else for you?

I am happy to answer any specific points arising from this.

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Thank you.

If you still need any points clarifying, I will still reply because the thread does not close.

Best wishes.

FES

F E Smith and 3 other Law Specialists are ready to help you
Customer: replied 2 months ago.
Hello, thank you for your response which was very useful.
Please could you clarify the following:-
Can my husband force me to sell the house before our younger reaches the age of 18?Many thanks,

Not unless there is a huge amount of equity in the property, sufficient to provide a home for you and your dependent child until age 18 AND provide a surplus for your husband.