How can I get my share of the marital home?

I'm stuck.

We separated some months ago now and I've stayed around to keep the kids (and me) in their home despite knowing she is having an affair. I can't take too much more of living with her affair although it is hidden from the kids as it just carries on hurting me so I am thinking about how to take some control and end this scenario. Our only asset is the house, and I work and she doesn't.
The other bloke has left his family too but still pays for his own house so can't afford to house my wife (and possibly my kids too, heaven forbid).

Can I force the sale of the house, or force her to buy me out to get out of this situation so I an start a new life on my own?
I want joint custody of the kids and don't want to endanger any access rights for the future ... are there any options to get my share of the house without just moving out into a bedsit and leaving them in the house and waiting to sell when it suits them?

Or do we just have to agree to sell/buy out between us ... in which case do I have any legal rights regarding stopping her having an affair while we are still living together?

supers

Hi Super

From what I have been told by my solicitor, any court will always focus on the children and make sure they are housed and secure. The interests of the parents are secondary. So if you sell the house the courts will want see that the children still have somewhere to live. If you have joint residency then this should mean you both have somewhere appropriate for them to live.

You need to give more information around the house value/equity and the ages of the children to get a clearer answer.

As for getting her to stop her affair, I know from painful experience there is no legal way of doing this. All you can do is hope she sees the affect it is having.....mine didn't!

I would suggest going to a solicitor and taking advantage of a half hour free consultation. Also post more detail here and use the chat as I was in a similare situation a few months ago and found chatting and sharing problems really did help.

Hang in there!

Steve

Thanks for your reply Steve, appreciate it.

My two kids are 10 and 12.

Fag packet estimate is that we might get 80k each clear on selling our house, enough for a deposit and a mortgage for me but my wife doesn't work... she's waiting for her new man to sell his house - he's left his wife and kids for her... so I assume if she wanted to she could take it to court and end up with my house and kids.

Hi Super
You sound like a super guy.
Wish I was a solicitor and could answer all your questions.
I could make up something up but don't think the moderators would like it. Am waiting for someone with knowledge to answer my legal question.
Steves advice sounds spot on. Maybe you can get lots of free half hour consultations because you come across as very level headed and charming man who is facing this situation with alot of courage
Good luck x

Thanks for your support fadetogray,

Yes I do need to know what I can legally do now so will try and get some cheap sols advice ... and post it here.

cheers

Good luck Supers

We had a good chat in chat last night and hope you are feeling ok this morning, speak to you later.

Saffy xxx

Hi there

Financial divisions largly hinge on the children, as the judge has to consider their welfare as the overiding objective. My advice is always therefore to resolve the issue of the children as everything will then start to flow. Download a parenting plan (as it gives you both a focus) here

www.cafcass.gov.uk/publications/leaflets_for_adults.aspx

(scroll to the bottom of the page and it is on the left).

Do be aware though, that a parenting plan is not legally binding, although it is evidentially weighty.

As to whether you can legally stop her having a relationship while you remain in the same house, no, sorry, you cannot. But of course she will want to have time with him, so therefore is more likely to consider completing the plan with you so that she knows when she is available.

Amanda