Active discussions

Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Talk
Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Original poster

OW moving in to family home

30 replies

Shandybass · 27/12/2017 11:08

I’ve separated from my exh since 7 months. He’s got a new woman and I’ve just been told she’s renting her house out and partially moving in to the family home, as in partially moving back to her Mums and partially at the house. I am guessing it will be mainly with exh.
Anyway I moved out and have 3 dcs. We haven’t started divorce proceedings and I just wanted a heads up as to whether her moving in can have a legal bearing on our joint house? She has no children yet.

OP posts:
Original poster
Shandybass · 27/12/2017 14:06

Anyone?

OP posts:
DrinkFeckArseGirls · 27/12/2017 14:12

Why did you move out of the family home with three DC?

Original poster
Shandybass · 27/12/2017 14:28

@Drink I wanted out and mil lived next door.

OP posts:
DoItAgainBob · 27/12/2017 15:59

Is there a reason you've not started the divorce yet?

DrinkFeckArseGirls · 27/12/2017 18:01

Sadly then he can move whoever he wants in there.

Tinselistacky · 27/12/2017 18:02

Get it sold ASAP and the divorce started ASAP. You know what she is in for living next door to his dm!

DrinkFeckArseGirls · 27/12/2017 18:03

I THink generally adviceis to stay put in marital home even if unpleasant to make sure you secure it for your DC, i.e. stay there till youngest is 18. By moving out you gave your DH a carte blanche to do what he wants.

gillybeanz · 27/12/2017 18:06

You need to get back in there again, it's your house too.
By leaving you have given him permission to move ow into your children's home.

letsdolunch321 · 27/12/2017 18:07

Are you both on the mortgage?

If so, the property will need to be sold and outstanding morgage paid off.

Any equity will then have to be split between you

KarmaStar · 27/12/2017 18:17

OP seek legal advice asap.

ChristmasAtSquiffanys · 27/12/2017 18:22

The OW moving in is irrelevant. It doesn't make any difference to any financial interest you have in the house
You need to seek proper legal advice about your rights regards the house. It would be good to do this sooner rather than later considering that you say she has no children YET

AlexaDoTheDishes · 27/12/2017 18:27

Staying in the house until the kids are 18 to "secure it for them" is

A) bonkers

and

B) utterly wrong in law

Original poster
Shandybass · 28/12/2017 12:32

Thank you all. Moving back or staying there was not possible. I just want to know where I stand now financially.
@Christmas, why do you say it is irrelevant if ow moves in? Surely she could be seen as a cohabitee eventually and have some claims on the place.

OP posts:
PilarTernera · 28/12/2017 14:17

Where do you live? If you are in England, her living there does not make any difference to any financial interest you have in the house. There is no legal recognition for a 'cohabitee' that is any different from a lodger.

OP you need proper professional legal advice. Do you have a solicitor handling your divorce?

Original poster
Shandybass · 28/12/2017 14:33

Ok thanks @Pilar. We have not started proceedings. I thought when you lived together for a certain time you had similar rights to being married.
I will get legal advice but can’t face it at the moment and am ok at present.

OP posts:
EachandEveryone · 28/12/2017 14:46

You need to work quick I would imagine

CotswoldStrife · 28/12/2017 14:51

Are you on the mortgage and deeds, OP?

AlexaDoTheDishes · 28/12/2017 16:12

She's not going to obtain any rights over the house in the time it will take you to get divorced

Take your time

namechange2222 · 28/12/2017 16:24

I guess you could charge her rent for your portion of the property

AlexaDoTheDishes · 28/12/2017 20:14

Good luck with that! 😂

Original poster
Shandybass · 29/12/2017 01:41

Ha ha love it. Yes I’m thinking up the contract now. Ow paying me for x amount of nights with exh. Fab.

OP posts:
namechange2222 · 29/12/2017 11:12

I know I was joking when I mentioned about rent but when it boils down to it, if the property was rented out both OP and ex would receive an income from it. This would help pay towards their new living costs

RavingRoo · 29/12/2017 11:15

The ow has no legal rights in this context. If your name is on the property then the house has to be sold or he has to buy you out. If the house is not in your name, then the fact that your kids have no home (and you have to pay rent or buy a property) will be factored into the payout you receive. Get proper legal advice.

AnneLovesGilbert · 29/12/2017 11:22

He’s moving on so I’d get cracking with the divorce. It probably won’t be as complicated as you think and you can file the application yourself and get the documents online. You’ll need proper legal advice on the finances but you’ll feel more in control if you get the ball rolling.

Is he paying maintenance and contributing towards your new living costs as he’s kept the house and you’re presumably paying rent to house the children?

Original poster
Shandybass · 29/12/2017 14:48

Yes he’s paying me maintenance and with tax credits I’m ok financially at the moment, but obviously I want to safeguard mine and the children’s future which is my half of the house.
I’m not on the mortgage as we agreed I would pay the down payment from inherited money and he got a smaller mortgage, but as we’re married I presumed I would be on the deeds. I was initially but that was before getting married.

OP posts:
Swipe left for the next trending thread