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Not divorced yet - can new partner and his children move into the marital home?

(2 Posts)
FindingTheRightTime Wed 08-Feb-17 10:06:11

I know this is a difficult question for anybody to answer without me giving a lot of details...

I'm part of the way through a nasty divorce which has been dragging on for some time already and may take a long time yet. My (abusive) STBXH is refusing to answer any correspondence. Everything has to be taken to him at his work address by a process server. I suspect that STBXH will make everything as difficult as possible.

The financial stuff hasn't been even vaguely sorted out, and we haven't even had the first appointment. For the last 2 years, I've been living in the marital home with our two children, and paying the mortgage as well as a joint bank loan that we had. I need the house for my work (I'm a registered childminder, and the house has been adapted for my business) so I'm hoping that it will be signed over to me completely as there is very little equity and the needs of the children will come first. Although I understand that behaviour very rarely affects financial settlement, I think I have a good case for staying in this house, as I lost a lot of income when my child minding registration was suspended for over a year while Ofsted waited for STBXH to stop breaching restraining orders and leave me and the children alone.

Now here is the complicated thing: I am now in a new relationship with a wonderful and lovely single dad who has full responsibility for his two children. We would all like to live together, and the children are desperate for us to be a proper family as soon as possible. However, I don't know what are the legal implications of this might be.

I know that my new partner's income will be taken into account durng my divorce - and that's okay because we are prepared to be honest about everything. We would be able to take on the mortgage together. Are we likely to lose the house because we now have more money in 'our' pot? He is not a high earner, and we have no savings at all, but he does have a steady wage. Will the needs of his children be considered, as well as the needs of mine?

RedHelenB Thu 09-Feb-17 09:38:22

I was advised ( not that I had a new partner) not to co habit until after the divorce because it complicated matters. Can you get a mortgage in your sole name? And how much equity are you talking about?

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