my wife cheated if i divorce her who will get house? we have children.....if shes cheated then she should go and i keep house??
2007-10-04 03:13:35 · 12 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
Im in England so UK answers only please. thankyou
2007-10-04 03:22:09 · update #1
If you get custody of the children you get to keep the house but will have to buy her out. If she gets custody you will probably loose the house. When I divorced my husband for adultery, I got custody. We had to sell the family home, but i was given all the profit £110,000 to buy a family home and I was awarded maintenance. This is in the UK
2007-10-04 03:25:46 · answer #1 · answered by Dory 7 · 1⤊ 0⤋
It doesn't work like that I am afraid. The law always comes down on the side of the person who has the children. If that is your wife then she will stay in the house with the children until they reach 17 or finish full time education, then, and only then, can you force the sale of the house for your share. Unless of course she agrees to sell it. Don't count on it my husband's ex had an affair, he moved out and she moved her 'bit' in and the solicitor said he couldn't do a thing about it because a judge will always say the children need a roof over their heads. Good luck to you, but I am afraid you will be like my now husband - he ended up with nothing except his name on the mortgage of the house his ex's now husband lives in with her and the children. Fair?
2007-10-04 04:00:56 · answer #2 · answered by Anonymous · 0⤊ 0⤋
UK law is relatively similiar to US law on this subject.
One issue isn't so cut and dried however. While many states have removed adultery as ground for divorce, the UK has not. However, unless the offending spouse signs an acknowledgement that specifically states she is guilty of the adultry you will be required to prove such.
And adultery in no way affects the property settlement although in the U.S. Equity of the property settlement may be affected through fault.
You really should discuss the issue with a local Barrister who can give you the financial alternatives available to you. I would suspect that IF you wish to retain the home, you will be required to offer an in-compromise settlement to your ex in lieu of the equity retained.
2007-10-04 03:56:53 · answer #3 · answered by hexeliebe 6 · 0⤊ 0⤋
It used to matter who's fault the breakdown of the marriage was, but I dont think it matters so much now. Likely as it is her who chose to end it that it will split 50/50, but I've heard horror stories where the cheating ***** takes the lot. It wouldnt be fair if she just one day decided to break all her legal and moral promises and just expects you to give her everything!Get the best solicitor you can, hide your anger and make sure the judge knows you are the INJURED party. Do you want custody? That can affect the financial outcome, get started on that one quick, too. Good luck.
2007-10-04 04:24:10 · answer #4 · answered by Wonderwoman 7 · 0⤊ 0⤋
If you are married with kids then she will get to remain in the house (with the kids obviously) unless you sell it.
If you sell, it depends on the ownership as to how much she gets.
If you are joint tenants on the mortgage then it will be split 50/50.
Though you may be tenants in common and have a defined split depending on what you signed at the time of purchase, eg 60/40 if one of you was paying more towards it.
Sorry it's not what you want to hear, but that's how it is.
2007-10-04 03:39:30 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Your married so finances will be split 50/50. You will have to sell the house and split the proceeds, or buy her share of the house. I am in England, and I can tell you regardless of what your wife done, she is entitled to 50% of everything. But please bear in mind that there are children involved, so whatever happens, try and make the split as ammicable as possible
2007-10-04 03:16:16 · answer #6 · answered by Anonymous · 2⤊ 0⤋
Depends on whether or not your state is a community property state. If she gets primary custody of the kids, she might be granted the house for them all to live in...or it may be that you'll be forced to sell and split any profit.
It just depends on the situation, the laws, the judge, and what you and she can agree on w/o being told what'll have to be done.
2007-10-04 03:18:47 · answer #7 · answered by . 7 · 0⤊ 0⤋
50/50 buddy..... unless you have a prenup.... Often enough the judge doesnt care about cheating...all they care about is the children and the assets.........Though i hope you dont leave her and your children out on the street. and no offense but cheating doesnt always equal divorce...... maybe you outta find out why she did it and if she regrets it. 90 % of cheating spouces regret the decision they made and relationships can survive and last til death do you part
2007-10-04 03:25:34 · answer #8 · answered by crazyworld 2 · 1⤊ 0⤋
Depends on the state and where you live. Louisiana it's half and half regardless of whose at fault. You need to get on line and check out the state laws in your area and see what your dealing with. GOOD LUCK
2007-10-04 03:17:33 · answer #9 · answered by tmjf461 2 · 1⤊ 0⤋
Well if the house gets sold,the money will be split.And i think thats the fairest way to do it.
2007-10-04 03:18:49 · answer #10 · answered by Gemini 4 · 0⤊ 0⤋