Ex remaining in marital home after divorce

[Rowstock78]

Divorced and my ex is remaining in marital home till our kids turn 18. What happens if she meets someone ? Cohabits ? I am currently paying part mortgage. Any terms I can put in place ?

I’d be surprised if you can legally stop her. Have the terms of divorce already been finalised?

Not really unless it's part of a court order. If she's on the deeds she can do what she likes. Why is it a problem? Do you want them out?

If she got together with a new man, he might be able to buy you out.

Depends on the terms you agreed to, co-habitation or remarriage is often put in as a "trigger" for sale.

On my one it states that cohabitation, remarriage, death would trigger a sale of the house. Same if she moved out for a specified period of time. Letting the house is also not an option.

Depends on exact wording though?

You will know the answer to that by reading the court order. I presume there is one.

If there isn't you need to take some actual legal advice to work out what you might expect if the court gets to decide what happens.

Do you want your DCs to have to move if your ex moves on emotionally and has a new relationship?

Sounds a bit outdated to me. Presumably either way she would be maintaining the house and it goes up in value and sold when DC out of education?

@Chocmallows Perhaps OP has housing needs of their own.

Not sure at all that there is an order. Asking if there are any terms they can put in place suggests either there isn't an order, or I'm missing something huge.

Both on title deeds no court order . We recently divorced still waiting to sort the finances out via mediation. I don't begrudge her finding happiness again just want to safe guard my part of the house whilst she remains living there.

You need a deed of trust, if you're happy for her to stay in the house. You can agree the terms with a solicitor.

They are fairly standard triggers to include in the financial settlement.

Both on title deeds no court order

I'm not a solicitor, but surely if you're on the deeds she can't sell it or add anyone to the deeds without your permission?

Keeping the house well-maintained so it retains its value is another issue. I'd imagine you'd need to keep an eye on it - that might be something that you'd want to get in writing (have some sort of legal document on).

Guessing that's the "deed of trust" referred to above.

You don't need a deed of trust. You need an order within divorce proceedings. That order will say what should happen to the house and will deal with all potential claims either of you can make against the other in divorce.

I repeat, you need to take some proper legal advice.

Sorry I missed that you hadn't sorted out the finances, obviously that's the case. Agree with above.

What does your divorce solicitor advise?

I would try for a clean break with your ex buying you out and remortgages the house solely on her name. Might mean you both having to sell the property if she can't buy you out and afford the mortgage on her own salary.

Your solicitor should have worded the divorce settlement agreement to include what will happen if she cohabits or remarries.

@llangennith There is no settlement. The OP is misleading.