My husband will not come to an agreement over the finances. We had been married for 40 years and he is living with someone else. He wants me out of the marital home and it be sold. When we go to court 1. Do I have to prove that he is co-habiting and 2. Does her financial situation become part of the financial settlement. He is very aggressive and wants me to have nothing. This is not what I had expected in my retired years.
1. This would depend on the figures and circumstances. Would him cohabiting affect your settlement? How much would you stand to gain if he is shown to be cohabiting, versus if he isn''t? And how much cost/effort would it be for you to prove it? If A>B then it is in your interests to make the effort, otherwise not.
2. Again it may do, depending on the figures. He lives in a 2-income household and so obviously various living expenses will be shared. This increases his disposable income. Whether that helps you out again depends on the figures and circumstances.
I think he will have to disclose on his form E what his living arrangements are and this will be taken into account with any settlement, i.e. his housing needs are already being met. I do not think that her actual financial situation is relevant to the settlement otherwise.
Have you thought about or tried mediation? I found it very useful in making my ex aware of how things are split, and that it wasn''t just down to what he wanted.
Would you be able to afford to buy a property for yourself with half the equity of the house?