My husband and I have separated August 2014, he walked out to live with his other woman after 2 month affair. 3 kids 12, 15, 16 all in full time education.
At the moment he is paying half the mortgage and associated costs, endowment, insurance and minimum maintenance for our three children. We have nothing in writing but the mortgage money goes into my bank account monthly and maintenance weekly. So far so good but I would like something official in writing.
I work 4 days per week at the moment, have in the past worked three days when youngest came along, prior to that worked full time until 2003.
Mortgage is paid off in three years time.
My youngest is 12. If I file for divorce on the grounds of his adultery which he has admitted to all our friends and family, what will happen with the house ? Will I be forced to sell to give him his share ? Will he be entitled to 50% ? I could probably manage to take on the existing mortgage myself but what about me funding his share ?
If we were to sell, I would have to return to work full time to obtain another mortgage to buy another place for myself and the kids and not sure what we would end up with
He has a military pension after 22 years in the forces, I was married to him for 14 years of his 22 in the forces.
Could I bargain the house for taking nothing of his pension ?
I am 42 so still have lots of working years ahead.
I know that I need to see a solicitor but am concerned about the costs escalating, husbands has said that he has no money for a divorce at the moment but I know that he has shares that he could sell which would free up £5K. I inherited shares from my father when he passed away, does he have a claim on these ? He bought his shares from his pension lump sum and has taken his certificate with him, they may have already been sold.
Any initial advice from a family law specialist would be appreciated, Scottish Law btw
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Divorce Adultery Assets
2 replies
Anne040204 · 04/01/2015 18:54
OP posts:
babybarrister ·
05/01/2015 19:29
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