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Jusleen
Jusleen, Solicitor
Category: UK Law
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Experience:  LLB (Hons)
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Our house is in joint names. If I leave my husband, am I entitled

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Our house is in joint names. If I leave my husband, am I entitled to half the value of the house and assets, even though I'm the one walking out? Do I lose any of these rights - if I have them - by simply leaving the house and moving in with a partner, or is there a legal requirement to tell my husband well in advance and then stay in the house for a period of time? We have been married for over 40 tears. I contributed 20% of the house purchase price and have always worked, and I paid all school fees, holidays, bought my own car, etc - but his income, now pension, has always been much greater than my contribution. We have a joint account to which I have free access, but his attitude could well harden when he knows the situation. He has also purchased shares on my behalf, and we own, jointly, a small commercial property which brings in a yearly rental income. Do I lose all entitlement to a share of these assets? Thank you.
Submitted: 4 years ago.
Category: UK Law
Expert:  Jusleen replied 4 years ago.
Hi leaving the matrimonial home you would not be relinquishing your claims in respect of the family assets. Are you intending to issue divorce proceedings? If you move in with your new partner then your husband will be able to issue divorce proceedings on your adultery.
Customer: replied 4 years ago.
Knowing nothing about the advantages or otherwise of divorce versus separation, I'm not sure of the course to take. My husband may well decide to divorce me, but unless it would be in my financial interests to divorce, I would be content with separation. I don't want anything more than my fair share of the assets, but do want what I'm entitled to in order to pay my way. My partner intends to ensure that his wife's living standards do not fall too much, so finances are going to be an issue for us. If my husband decides to divorce me, does my entitlement to a share of the assets remain, and are assets split 50/50, even though the divorce - or separation - is on account of my adultery? How easy would it be for my husband to refuse to co-operate, or to delay financial settlement for a protracted period of time? Thank you for your initial response, which was helpful and reassuring.
Expert:  Jusleen replied 4 years ago.
Hi firstly in respect of the grounds for divorce this does not affect your entitlement. In respect of the length if your marriage the court is likely to order an equal division of all assets.

Your husband as it stands can issue proceedings on your adultery provided you are prepared to admit the same. Otherwise unless you can prove your husband has been unreasonable during the marriage you would have to issue proceedings on separation. If the divorce is by consent you would have to wait 2 years. If your husband does not consent and refuses to divorce you on adultery then you would have to wait till you are separated 5 years.

In respect of financial matters if possible I would suggest you can go to mediation to get an agreement reached so that a separation agreement can be entered into and later within divorce proceedings converted into a final consent order. If your husband is difficult then you would have to make an application to court for a financial settlement within divorce proceedings so the court makes orders.

Please go to www.resolution.org.uk to find a trained mediator in your area.

I hope this assists. Please click the accept button.

Kind regard

Jusleen
Jusleen, Solicitor
Category: UK Law
Satisfied Customers: 914
Experience: LLB (Hons)
Jusleen and 5 other UK Law Specialists are ready to help you

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