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mortgage and house in my name

  • ashtonandy
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22 Feb 20 #511541 by ashtonandy
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my wife had an affair middle of last year , i found out , she eventually moved out and moved in with him .since she moved out, i have paid all the bills ,i was already paying the mortgage ,my 32 yr old son still live at home. she says she cannot afford a divorce due to her debts accrued ,i have my own debts which i am managing to sort , the house has always been for the grandkids to inherit .
where do i stand in relation to the amount she has paid into the mortgage(nil) .?

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22 Feb 20 #511548 by WYSPECIAL
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You need to post details of ages, incomes, all assets and length of marriage for someone to comment.

Your adult son still living at home won't make any difference but if she is his Mother then it suggests you had a very long relationship.

At the end of the day the house is a marital asset not your grandchildren's.

  • ashtonandy
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22 Feb 20 #511555 by ashtonandy
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me 55 she 50 we were married twice (long story ) 2nd time around 21 years , three kids 34 yr daughter 32 yr old son 21 yr old son,
my income circ 18K pa, hers 10 /12 k pa
4yrs left on mortgage til its paid off.
cleared some of her previous debts via a loan in my name . she paid gas /elec some shopping rest of bills from me .

  • JC1969
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03 Mar 20 #511698 by JC1969
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sorry to hear about your news. yes as WYSPECIAL has stated she does have a claim on house as it is a marital asset regardless of how little she has contributed, the fact that she has cheated on you or the fact it is in your sole name.

the fact that you've been married for what they would consider a long marriage gives her more of a claim and could potentially even give her rights for ongoing spousal maintenance - especially if your mortgage will be paid off soon as you'll have more disposable income.

she has enjoyed a standard during marriage and they will look to get fairness to both parties to try to sustain as good a standard of living for both of you.

the good thing is your kids are older so she will not get any preferential treatment for being primary carer for kids.

ideally if you can get her to agree to just leaving you the house and you paying for a quick divorce online this would be the best way to go. you would be very lucky to get away with not giving her any equity in the house so agreeing to pay divorce to "get closure on it" would definitely be in your best interests i.e. don't chase the hundreds which WILL cost you thousands of pounds down the line.

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