In a divorce if the resident parent stays in the house?

[GuesstheEnd]

When the agreement is that the resident parent stays in the house until DC are 18/finish education, what happens if that parent has a new partner /remarries? Are they allowed to move new partner into the house ex spouse half owns?

What about if ex is still paying the mortgage?

If the RP can't afford to run the house (ie pay mortgage and bills) without help from the ex (over and above the CMS contribution) then the house needs to be sold.

Courts are not keen to agree to the proposal in your example, as it leaves the nrp with all their cash tied to a property they don't live in, and financial obligations, preventing them from securing their own property via morgage/deposit or rent.

Then there's the mess of how to split the equity when the dc get to 18 - the nrp would be understandably aggrieved that the rp gets half despite not contributing.

The whole remarriage and new husband moving in messes everything further, at thee very least there would be a clause that the equity is released (by sale if necessary) upon cohabitation/remarriage which would leave the rp's future relationships at risk of not being able to progress as desired without huge financial impact.

Rp needs to maximise income ASAP and ideally needs to be able to pay for their own property costs. (with cms from nrp)

It depends on the agreement, however I can't imagine for a second the ex would continue paying the mortgage once someone remarries, and it would seem unreasonable to expect them to support their exes new partner

There was a similar thread about this recently

www.mumsnet.com/Talk/divorce_separation/4579011-ex-wife-about-to-have-another-baby-and-living-in-my-husbands-house