Can he do this?

[Toomanycupsoftea]

My husband and I recently separated after I found out he had had an affair.

Although he wants to reconcile he has admitted he is in the wrong and has said he will give me the house and car and walk away with only part of our smallish savings as he feels incredibly guilty. I am concerned however that he is only saying this to win me back around.

Can he actually give me everything or will a divorce ensure it’s a fair split?

If I can be given everything then I feel like I would be very stupid to not just take him up on it instead of risking to try again then it not working!

I guess it depends on what ‘everything’ represents and whether you have children or not. It’s likely that a judge would not agree to one party receiving everything and the other nothing in most cases and would certainly want satisfying that both parties had sought legal advice

I’m guessing the offer will be rescinded once you demonstrate you aren’t taking him back. By say filing for divorce. It would be unusual for or it not to. But there are cases and if he is clear with the judge that he doesn’t want anything then that works. NB It is important you do get a financial order agreed by a judge because you don’t want him making a claim in future years

And you should check this is actually a good offer. Lots of people have 6-7 figure pensions they will hold onto for dear life. Giving up some equity is a cheap price to pay.

Giving you the house might be a poisonous chalice. How much is left to pay on the mortgage?