Separating from my wife.

cyclopopcicle · 25 Jan 2018 at 16:39

Hi
My wife has had an affair, do I have any rights regarding the house?
For info we are both owners of the house with only 7 months left on the mortgage.
She wants to sell and she gets half, I don't want to sell but can't buy her out.

Anyone with useful info?

PapaLazaru · 25 Jan 2018 at 16:41

Sorry to hear, but you need a solicitor.

FlakGunna · 25 Jan 2018 at 16:42

Sorry to hear this. You are best off talking to a solicitor.

Josh · 25 Jan 2018 at 16:43

Solicitor asap

Dirk Diggler · 25 Jan 2018 at 16:44

I feel for you but you've had the best advice you're going to get here; see a solicitor.

Akagi · 25 Jan 2018 at 16:44

As above... We aren't qualified to deal with this!

Sorry to hear though.

knip · 25 Jan 2018 at 16:46

7 months until the mortgage is paid off completely? Can’t you hang on until then and then sell? Just a thought and not saying it would be an easy option.

deusexlumina · 25 Jan 2018 at 16:49

Could you not remortgage and release equity, and use that released equity to buy her out?

Anyway, solicitor will be very useful. Really sorry to hear of the situation.

Mark M · 25 Jan 2018 at 16:52

As above, speak to a solicitor asap.

Do you have kids together?

Also speak to a mortgage broker and ask them what your options are to remortgage the property to release funds to pay to your soon to be ex-wife. She may have assets that you are entitled to such as a company pension or savings so you may not need to give her half of the value of the house.

Dont rush into anything and dont agree to anything until you have spoken to a solicitor and thought through the options carefully.

VincentHanna · 25 Jan 2018 at 16:53

If kids are involved the house might not go 50/50 depending on who will be the primary carer.

She wants to sell and she gets half, I don't want to sell but can't buy her out.

You could live together in anger, and both lead separate lives...Not very healthy.

signs · 25 Jan 2018 at 16:53

if you can sort it out between yourself's before getting a solicitor (they will drain you both of your cash) that would be the best option

adolf hamster · 25 Jan 2018 at 16:54

Acme said:
We aren't qualified to deal with this!

never thought i'd see this in a gd thread.

it's absolutely true, just i didn't expect it to be said.

Mark M · 25 Jan 2018 at 16:54

signs said:
if you can sort it out between yourself's before getting a solicitor (they will drain you both of your cash) that would be the best option

Thats a fair point to be fair, expect to lose the best part of £10k in legal fees.

BigT · 25 Jan 2018 at 16:56

You need a solicitor but I can tell you that you have to have a reason to divorce. She can’t actually divorce you really as she has no grounds so you can delay beyond 7 months easily. In fact if you don’t mind staying married then it’ll be 5 years before she has a legitimate divorce reason of uncontestable separation. And she’ll have to prove you were separated too so will need to leave for the five years and not live in the house for it to be watertight for her. Basically you can make her life difficult by not agreeing to want to divorce.

Eventually it will have to happen though and a financial order will mean that she’ll get her half one way or another.

Martynt74 · 25 Jan 2018 at 16:58

I also live in Chorley and am looking for a new house. Is yours nice?

Disclaimer - I have not had an affair with your wife!

Dirk Diggler · 25 Jan 2018 at 17:07

signs said:
if you can sort it out between yourself's before getting a solicitor (they will drain you both of your cash) that would be the best option

This can't be done, so bad advice I'm afraid.

OP even if you could buy her out, it would take the best part of 7 months to process that so what's the point?

See a solicitor ASAP

Martynt74 · 25 Jan 2018 at 17:11

String said:
This can't be done, so bad advice I'm afraid.

How do you mean? My wife divorced her previous partner without the need for a solicitor. This included a house and a few joint loans.

cyclopopcicle · 25 Jan 2018 at 17:18

I fancy boys said:
Could you not remortgage and release equity, and use that released equity to buy her out?

Anyway, solicitor will be very useful. Really sorry to hear of the situation.

Don't know, have not gone that far yet.

Mark M said:
As above, speak to a solicitor asap.

Do you have kids together?

Also speak to a mortgage broker and ask them what your options are to remortgage the property to release funds to pay to your soon to be ex-wife. She may have assets that you are entitled to such as a company pension or savings so you may not need to give her half of the value of the house.

Dont rush into anything and dont agree to anything until you have spoken to a solicitor and thought through the options carefully.

Yes we have 3, 20, 16 and 8

VincentHanna said:
If kids are involved the house might not go 50/50 depending on who will be the primary carer.

You could live together in anger, and both lead separate lives...Not very healthy.

That's what we are doing at the moment and it's not easy.

Marvt74 said:
I also live in Chorley and am looking for a new house. Is yours nice?

Disclaimer - I have not had an affair with your wife!

Hahaha, needs a few running repairs but nothing serious. Just cosmetic.

As far as I know it's a guy from Blackburn.

Dirk Diggler · 25 Jan 2018 at 17:25

Marvt74 said:
How do you mean? My wife divorced her previous partner without the need for a solicitor. This included a house and a few joint loans.

You can't transfer the ownership of a house without getting a solicitor involved?

Martynt74 · 25 Jan 2018 at 17:25

Well fingers crossed it comes on soon. We've really struggled to find anything we like