I have recently found out that my wife has commited adultery. we`ve been married for 9 years and benn parted for nearly 18 months altho adultery was commited when we were together. im 36 an shes 35. i have a stepson with her whos 13 an twin boys who are aged 4. i work full time an earn around 20,000 per annum she has her own business but doesnt earn a lot.we have a house which she lives in with the children an i have moved back in with my mother, but the whole mortgage is solely in my name. the house we`ve had for nearly 4 yrs and is prob valued around 90,000 but ive still got a morgage of 78,000 left on it. has maintenance i pay half of the morgage an she pays half but i dont get her half all the time an i cant afford to keep paying the full morgage. can someone please advise me if im able to sell the house altho she still lives in it? when i apply for divorce will judge make me pay full morgage? will anything be in my favour as she commited adultery an i had to leave the family home? forgot to mention i do have children overnight with me at least 3 nights per week altho if i sell house shes threatening to stop me seeing kids...advice please!!
The reason for the marriage break down doesn''t make any difference to the financial settlement. I''m pretty sure that it also makes no difference that there is only your name on the mortgage - the equity in the house will be seen as part of the marital asset pot. It would not be advisable to attempt to sell the house against your wife''s wishes. The needs of the children (housing) will be the primary thing to be taken into account.
Have you discussed the possibility of mediation? Your wife is probably very frightened that she is going to become homeless which is why she is threatening to not let you see the children.
Hopefully someone on here with more knowledge will be along soon to help you but they will need more information with regard to your earnings etc.