as an offshoot of another thread on here.ive split up with my wife.
mortgage is in joint names, as are deeds.ive left and am renting a room but have two kids.overlooking the finer points, whats to stop me moving back in? i stopped paying the mortgage at her request but she now covers it on benefits and doesnt work.i dont have a key, but whats to stop me legally moving back in?
there was an incident recently when she called the police to say i was out of order when we had a row on the doorstep.it came to nothing as it was a load of rubbish but they did ask when i was at the station about the mortgage and deeds and said "oh so you had the right to be there then"
can she stop me moving back in? i wouldnt cause a problem with her but also im sure she wouldnt be keen to put it mildly. housing wise im screwed and it wouldnt be long term but would solve things in the short term.
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split up..whats to stop me moving back in to marital home?
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Posted 1 year ago #
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You really need some good legal advice Danny. I'm almost positive that there are no housing solicitors on this forum, and that is what you need.
I can find one for you if you want one.
Posted 1 year ago # -
i know someone who moved back in whilst the ex partner went on holiday, their name was on the paperwork, so it was their house. In the end they won the battle of wills and their partner moved out. They had spoken to their solicitor before doing it and were advised no issues.
IT is alot of stress, but assuming no court orders i don't believe that much can be done to stop it happening. Depends on how quiet a life you want. I would also mention in your dealings with your ex be aware of the kids.
Posted 1 year ago # -
She will probably start claiming you beat her up - and then get a restraining order on you and then get you removed that way - it would just get really messy but legally yes you could do it for the short run but all she has to do is headbut a wall and say you did it then you are off to court etc. Technically yes you could but it is not worth considering IMHO - how old are your kids how wouyld they be affected etc. is their equity in the house you can get?
Posted 1 year ago # -
So she asked you to stop paying so she could claim benefits? So I guess as a tax payer I'm helping to pay it in which case you have my permission to move back in. You can let her keep claiming the benefits and send the mortgage payments straight to me if you like.
Posted 1 year ago # -
Umm, why would you want to be back in? Best out of the way if you ask me.
Posted 1 year ago # -
A sense of common decency and a concern for the emotional health of your children?
Posted 1 year ago # -
go talk to a solictor who specialises in family law, if you have the kids and she has the house something is going wrong
Posted 1 year ago # -
why would you want to move back in? i'm guessing it would cause a bad atmosphere , which is not good for your kids. so instead of thinking what is best for you, you need to think of what is best for them.
Posted 1 year ago # -
What is moving back in really going to achieve? You have split up so move on! As above do you really want your kids to see you and ex at each others throats, don't be so selfish and think about your kids too.
Besides isn't the house all being settled as part of the divorce etc?
Posted 1 year ago # -
why don't you have a key to your own house? are you mad? actually, you are mad. that has already been established. why don't you actually take advice you ask for so regularly on here and see a family solicitor? do you like the chaos and misery? sell the house, divide the assets, move on and post about tyres and shit
Posted 1 year ago # -
I would post up on mumsnet, bloody well know everything that lot, dont expect any sympathy though.
Apart from the financial implications of moving back in what would you achieve in terms of positives, i can only see more agro and distress for the little ones and you both. I guess you both dont want/need that.
Good luck with it all and stay chilled and dignified do not loose it as it all goes against you in the long run.
Posted 1 year ago # -
As always, iDave puts it pretty succinctly.
Take control of the situation. Your ex wife has to get used to a different standard of living and that includes downsizing to a smaller house. So what if the children have to share bedrooms? Why should the taxpayer be paying the mortgage on an expensive house?
Sometimes we all have to cut our cloth and, yes, I know what I am talking about here. Life goes on, get used to it.
Get that appointment made with a solicitor specialising in family law.
Posted 1 year ago # -
As ^^ - see a solicitor straight away. Stopping paying a mortgage which you are jointly liable for and which she claims to cover on benefits sounds distinctly dodgy or even illegal and I really can't see that happening. Is she telling porkies with an ulterior motive due to your lack of legal expertise or stupidity?
I wonder what she is up to??????
Posted 1 year ago # -
I would post up on mumsnet
Isn't that a bit like advising a Christian to go and have a chat with a lion.
Posted 1 year ago # -
Still not sorted it out yet?
Posted 1 year ago #
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