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Original poster

Could ex move back in against my wishes?

31 replies

beastlyslumber · 06/07/2023 14:35

Not actually my ex, but anyway. My friend and her partner broke up a few months ago. Was a fairly amicable split to start with. They have 2 DC ages 8 and 11. The ex started seeing someone else straightaway, not a very stable person by the sounds of it, and has now lost his job and moved in with new GF and her young kids.

He recently called to ask if he could move back in with my friend (his former partner) if things go wrong with his new GF. My friend said no way, but is worried that legally he might have a right to do this. They share a mortgage on the house she and kids are living in. He is still paying the mortgage but making absolutely no other financial contribution. It would be very distressing for the DC who currently see him once a week and every other weekend.

Would he be able to move back in to the house against her will?

OP posts:
Original poster
beastlyslumber · 06/07/2023 19:30

Mum2jenny · 06/07/2023 19:26

Any chance she can afford to pay the ex off?

She's hoping to remortgage and buy him out.

OP posts:
SueVineer · 06/07/2023 19:40

AlfietheSchnauzer · 06/07/2023 17:16

This is precisely why sharing a mortgage without a marriage certificate is just so foolish in my personal opinion.

Places safety hat on head for those who disagree

It makes no difference in this circumstance

SueVineer · 06/07/2023 19:44

Lovingitallnow · 06/07/2023 17:28

@Idrankyourbananamilk split of the house wont take into account she has to house the kids if they're not married. She could get a bigger proportion if they're married.

That’s not the issue here though- it’s that it’s taking her time to buy him out. It would take longer to get divorced.

also you don’t know what she would get in a divorce- maybe she has a large pension and he’s not working. She could be worse off.

Lovingitallnow · 06/07/2023 20:12

@SueVineer very valid points however neither answer the question the poster I responded to asked. So I guess not the issue here either 😊

Deathbyfluffy · 06/07/2023 23:42

massiveclamps · 06/07/2023 14:40

She needs to start instigating divorce proceedings now, and change the locks so he can't let himself in whenever he feels like it. He might 'legally' have the right, but in practice she deserves the right to decide who does or does not have a key to her home.

It’s both of their home until the house is signed over, so in those circumstances I’d be calling a locksmith.

yipeeyiyay · 06/07/2023 23:45

massiveclamps · 06/07/2023 14:40

She needs to start instigating divorce proceedings now, and change the locks so he can't let himself in whenever he feels like it. He might 'legally' have the right, but in practice she deserves the right to decide who does or does not have a key to her home.

But it's legally his home also. She doesn't have the right to lock him out any more than he does her home

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