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Moving in new partner 'illegal'?

(21 Posts)
withaspongeandarustyspanner Tue 06-Feb-18 21:42:55

Conversation with peevish soon-to-be-ExH today. He's got the arse about money (always narky when under financial pressure) - tells me that it is 'illegal' that my new partner has moved into the house he still 'owns'. He moved out almost two years ago after having an affair with his work colleague, I've been paying mortgage, divorce going through etc.

I don't think he's right about this, but he told me I should check with my solicitor. As usual, when I feel like I'm ahead, he makes a little snipe and I doubt myself.

Any advice would be great. Thanks

MrsBertBibby Tue 06-Feb-18 22:28:36

I don't imagine it is illegal anywhere. It certainly isn't illegal (whatever he means by that) in England & Wales.

Don't forget to tell council tax/tax credit/ universal credit as appropriate, of course.

Lonecatwithkitten Tue 06-Feb-18 22:35:32

You should take advice of the potential financial consequences of cohabiting or intending to cohabit when finances are sorted in the divorce.

NaiceBiscuits Tue 06-Feb-18 22:46:55

Cohabiting will quite possibly affect your settlement because your costs of living will be reduced by having another income. Mind you, given that you have already told him your intention, that would need to be taken into consideration during negotiations. It's certainly not going to help negotiations though is it?

Yes, you're paying the mortgage, but that's in lieu of paying him rent for occupying his share of the house. It doesn't mean that you have more say over what happens to it. Remember that legally he could move himself back in, so it's not worth antagonising him at this stage.

withaspongeandarustyspanner Wed 07-Feb-18 09:46:40

Well, I have told tax credits, child benefit and everyone I needed to tell about it, including council tax so all is above board. The negotiations are done and he knew my intentions at the time as did the mediators and my solicitor. It's no surprise to anyone and I've never been in a position to claim any kind of spousal maintenance from him, so that's not come into it.

So basically, you're saying that what he says is accurate? New partner should not have moved in? I wonder why my solicitor didn't advise against it?

prh47bridge Wed 07-Feb-18 09:50:19

So basically, you're saying that what he says is accurate? New partner should not have moved in?

No, none of the responses say that. They say it could affect the financial settlement. However, as you have already negotiated the settlement and everyone was aware of your intentions there is no problem.

Noeuf Wed 07-Feb-18 11:37:45

You need to get him off the mortgage ASAP.

withaspongeandarustyspanner Wed 07-Feb-18 16:04:01

Why Noeuf?

Myddognearlyatethedeliveryman Wed 07-Feb-18 16:06:56

Get him off tne mortgage or if /when it's sold he can claim 50%.

withaspongeandarustyspanner Wed 07-Feb-18 16:32:46

He's not having 50%

Gazelda Wed 07-Feb-18 16:37:34

I agree that you should make sure he's off the mortgage ASAP. That will enable him to get a mortgage of his own (if he chooses to). But more importantly it stops him from having control over you/the property eg if you want to move home, want to extend etc. And he might put in a claim for part of the equity if it increases and you decide to sell.

prh47bridge Wed 07-Feb-18 16:48:46

Get him off tne mortgage or if /when it's sold he can claim 50%

No he can't. How much he gets is governed by the financial settlement which the OP tells us has been negotiated already. Once it has been turned into a consent order and approved by the court it will be binding. Even if he pulls out of the current settlement it won't necessarily mean he can claim 50% of the house. He is entitled to a fair share of the assets of the marriage. A fair share is not necessarily 50%.

What happens about the mortgage and marital home is all part of the financial settlement. Whether or not he is on the mortgage makes absolutely no difference to that. Taking him off the mortgage won't take away his ability to make a claim against the house if he pulls out of the current agreement.

Rather than trying to sort out the mortgage and house as a stand-alone item, I would suggest that the OP needs to finalise the divorce and get the consent order approved by the courts.

withaspongeandarustyspanner Wed 07-Feb-18 18:40:44

I have an appointment in just over a week to meet my solicitor to sign and finalise things before they go to court. I will be glad get him out of my life (as much as is possible with young children). The agreement we settled on gives him less than 50% which irritates him enormously. Especially as we've already done things to the house which will have added value. Quite honestly, he devalued the house - and we're just trying to make it livable. Trying to claim later if the value of the house increases would be just the sort of thing he would do.

prh47bridge Wed 07-Feb-18 20:14:49

Once the consent order is approved by the court he will no longer be able to make any claims against you.

Noeuf Wed 07-Feb-18 21:04:24

Sorry op, I was at work.

Because I think emotionally (pry has covered the legal stuff) and hassle wise having with some form of 'claim' and the stress of this is awful, from previous experience.

Noeuf Wed 07-Feb-18 21:04:56

Sorry, prh

NeeChee Wed 07-Feb-18 21:29:23

I looked into this when my I was trying to sell our old house with my ex still in residence. Moving a new partner in shouldn't matter, but your mortgage might not allow any other party who is not a partner (or their DC) to live there. It would be classed as subletting, and might break the terms of your mortgage.
My ex moved a friend in and repeatedly lied about it, when confronted he claimed that he wasn't taking any money off said friend.

MidniteScribbler Thu 08-Feb-18 02:29:52

It's not illegal, but I think it's pretty tacky to move a new partner in whilst your own partner is still on the mortgage.

MrsBertBibby Thu 08-Feb-18 07:59:32

Why?

wowfudge Thu 08-Feb-18 12:39:58

Tacky? None of us know the background and the OP has already stated her STBXH moved out two years ago. Why should her life be on hold?

withaspongeandarustyspanner Wed 14-Feb-18 12:15:46

Wow, midnitescribbler. He left me for a woman he worked with. Went straight to her that very day. Not sure why my life should be put on hold, either, though it does seem to be exactly what my Ex believes.

Hang on a minute, maybe you are his tacky girlfriend with an attitude like yours...

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