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moving in a new partner into the ex marital jointly owned home

(13 Posts)
baileyroo123 Fri 08-Apr-16 14:47:26

is it true that after 6 months of my new partner moving in the house has to be sold, we've been separated 8 years

ImperialBlether Fri 08-Apr-16 14:49:55

It depends what the agreement between you was. Do you have children with your ex? If so how old are they?

MyKingdomForBrie Fri 08-Apr-16 14:51:35

Totally depends on the court order at the time or any later court order.

baileyroo123 Fri 08-Apr-16 14:59:57

there is no agreement in place really,, I have two children aged 16 and 13 with him.
He left in 07 and has lived with his partner since that date. All amicable but the 6 month thing worries me.

baileyroo123 Fri 08-Apr-16 15:01:42

I just remember being told that if a new partner moves in then after 6 months the house has to be sold

ImperialBlether Fri 08-Apr-16 15:04:21

Is the mortgage still in joint names? Were you married?

I think a lot of people draw up agreements stating this sort of thing, but others have a clean cut split. I can understand your ex's position if he's paying towards the house and someone else is living there, tbh.

ImperialBlether Fri 08-Apr-16 15:04:48

Who told you? Is it something you've just heard in conversation?

baileyroo123 Fri 08-Apr-16 15:08:07

he's only paying maintenance, ive paid the mortgage for the last 8 years. We're still married, he's living with his boyfriend and we've not got round to divorcing but it obviously needs to be done

Chasingsquirrels Fri 08-Apr-16 15:12:34

You need to sort divorce and finances asap

runningincircles12 Fri 08-Apr-16 16:22:51

No, that is not the case.

You may have gotten confused because often a financial consent order will say for example that maintenance stops being payable if the person receiving the payments cohabits for a period of 6 months or more. Some consent orders will say that a property is sold on cohabitation but this is less likely because cohabitation isn't really going to affect the ex-spouse's or children's accommodation needs.

So what happens now? Well, if your estranged husband is not bothered, nothing. If he is bothered, easiest thing for him would be to petition for divorce on basis of 5 years separation and make an application for a financial remedy. This may or may not result in the house being sold and proceeds divided. Depends on a variety of factors (if you look at section 25 of the Matrimonial Causes Act 1973, it tells you the list of factors taken into account).

As you both have new partners, it might be an idea to divorce and get the finances resolved. As it stands, if either of you died without a will, the other would inherit which might not fit with your wishes. If things are amicable, you could go to mediation to get an agreement, pay a solicitor to draw up a consent order and provided that you are reasonably comfortable with form-filling and legal documents, you can do the divorce petition yourselves to save costs.

If I were you, I would pay for an initial consultation with a solicitor though (they are unlikely to cover enough in the free half hour appointments offered). When I was in practice, I used to do them for £175 plus VAT and see the client for up to two hours and then write a detailed advice letter. That can then help you if you go to mediation, as you will have the legal position clear in your head.

baileyroo123 Sat 09-Apr-16 08:17:38

thankyou so much runningincircles12, I'm planning to contact a solicitor on Monday. Things have always been amicable, but where money is involved then things may get heated (gay men can get a bit feisty lol)
Your words of advice have settled my worries a little bit smile

baileyroo123 Sat 09-Apr-16 08:26:41

I've found section 25...going to make a cuppa to help me through it!! ;)

runningincircles12 Sat 09-Apr-16 10:45:31

Oh wow, I didn't realise his new partner was male.... Hopefully he will be amicable.
Happy to help.
Yes, section 25 is a little heavy-going. Hopefully your solicitor can clarify it for you.
Good luck!

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