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Can I move back into marital home??

(6 Posts)
StartedAfresh Mon 08-Apr-13 15:46:55

My XH and I have divorced (finalised February 13) we still have the old marital home in joint names which is currently on the market.
I left in July 2012 - he left in October 2012 so the property has been empty for the last 6 months
We are in arrears with the mortgage - he has washed his hands with it - the house is on the market but is not selling for various reasons
I want to move back in for a few reasons - I want to get back on the property ladder, I am expecting a baby with my current partner and need a bigger place, my daughter has friends around her there and is closer to her dad plus others
I dont want him to have access to the house though - I have been told by my solicitor that I can change the locks (but he is legally allowed to force entry)
I dont expect him to pay for any of the upkeep to the house - redecorating for instance, I am prepared to take over the mortgage and pay off the arreas over time meaning he wont be any further out of pocket then as soon as I can I plan to take him off the mortgage (cant do currently for various reasons) plus it would mean neither of us would get blacklisted as currently in the process off due to the arrears
The problem is he lives over the road and would constantly be in view of the house. My partner and I have discussed this and can cope as we know he is planning on moving himself soon (he needs a bigger place so our daughter can have her own room)
Is it a good idea??????
Need some impartial advice from you lovely guys on here

CEvert Mon 08-Apr-13 16:52:50

Why do you not want him to have access to the house, legally he has as much right as you do until someone buys it off you guys?
As you mentioned he is allowed force entry if you do change the locks.

As the mortgage is in arrears, I don’t think you would be spending big money on redecorating, not until you have the means of buying him out anyway?
He does not want to move back into that home, so you spending money on decorating is probably is of no significance to him.

If I were him, I would keep the house on the market until someone offers to buy or until you can buy him out, whichever comes first.
To him, he probably wants to get rid ASAP at a good price, so your promise of buying him out bears little importance unless that materialises quickly.

Why would him living across the road be a problem and be in constant view of the house be a problem?

StartedAfresh Mon 08-Apr-13 17:03:40

Thanks for your response.

I will be moving back into the property with my partner and daughter - hence dont want him able to walk in at anytime - the house will stay on the market and will be available for viewing in the meantime as it will be in both our interests for it to sell however after over 20 viewings there have been no offers as the feedback is that it needs too much work doing to it.

currently the house is empty and not livable, therefore would need redecorating for even me to be able to move into it - he bascially upt and left without even cleaning the house therefore its covered in cobwebs, smells of dogs and the walls are filthy and the fence is broken.

The reason I left him initally was due to violence therfore him living so close would be a concern yet I know it wouldnt be forever as he wants to move

RedHelenB Mon 08-Apr-13 17:13:22

You need to get the financials sorted out first. He may well assign house to you if there is little or no equity.

babybarrister Mon 08-Apr-13 19:41:18

I agree - you may not have realised that although you are divorced you have not sorted out the financial issues between you - you need to as this is the only way of deciding issues in the long term in relation to the house

Liara Mon 08-Apr-13 19:48:43

Can you and your partner not put in an offer to buy the place at a price that works for you?

Clearly the house is on the market at too high a price now, but you could have a surveyor come over and make a valuation and take it from there?

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