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Divorce/separation

Access to marital home

7 replies

Rowstock78 · 10/01/2019 07:50

What are the legal rights on a joint ownership marital home where ex partner resides whilst waiting for divorce financial settlement to be resolved. My brother would like to access his home to stay weekends (spare room) he has his children as he is unable to accommodate them as he rents a room whilst divorce is pending. Rights?

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lovealab · 10/01/2019 08:42

As I understand it, legally, he has every right to still be living in the martial home until the divorce has been finalised.......however, would it be in the best interest of those involved?
Can the arrangements for access to the children be revised until he has more suitable accommodation?

I know that for me, I'd find it intolerable to still be having to live with my STBXH, even if it were for weekends only.......

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Rowstock78 · 10/01/2019 10:16

He doesn't reside there himself he rents a room but cannot accommodate his children in his rental and would like to make it easier due to travelling distance to be able to stay every other weekend in his marital home as he is still paying part mortgage until a settlement has been resolved

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goldengummybear · 10/01/2019 10:54

Has his ex or him got somewhere else to go? For example your brother might stay at your parents with the kids or if things are amicable then the mum might go elsewhere overnight?

Legally he can stay but depending on how acrimonious things are, it might not be good for the kids to have both parents under the same roof.

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Rowstock78 · 10/01/2019 14:21

He has been staying my parents home but as they have active lives and retirement small property it's becoming unfair to expect others to alter their plans to accommodate the children. The children are teenagers so they would prefer to be home in own beds. As the house remains joint the only alternative would be to go back to stay the weekends or an alternative suggestion would be to drop the children home to sleep and collect the following morning.

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BigBumandMumTum · 10/01/2019 14:26

I do this for my ex because 2 of our children have special needs.

I get a lot of questions about it and someone reported me to the benefits agency

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jessstan2 · 10/01/2019 18:43

Oh BigBumandMumTum, how awful of someone to report you. You're not doing anything wrong. Some people are natural snoopers and grassers, in a million years I'd never think of doing something like that. I trust it was all sorted out.

Rowstock78, if your brother and his ex can be agreeable about it, I don't see anything wrong with the idea. It certainly would be better for his teenage children. I think a lot depends on the relationship between your brother and his soon to be ex wife and if she has someone else.

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Rowstock78 · 10/01/2019 20:00

It's a last resort idea as he wants to see his teenagers on his weekends but can't accommodate until their marital home is sold so the suggestion to stay in spare room was to keep his teenagers happy and allow them to sleep in their own beds or drop them home after his day together to the marital home. The ex wife is dragging their divorce leaving him vulnerable but still wanting to spend quality time with his children