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Relationships

Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

have to live with EXP but OW comes round to our house

29 replies

walkingthedogs · 23/03/2014 19:25

Has anyone else had to deal with this? Normally quite strong but for some reason today has been a downer. Have posted before but don't know how to link.
Have moved back into our house (jointly owned with no children) and have to put up with exp of 16 years bring the ow who he cheated on with me with for how long I don't know into our home, we have our own living rooms and bedrooms, but when I hear her laughing so loud for me to hear its just so hard. He brought a couple of very expensive bottles of wine and left them for me to see as he has now gone round her house (5 mins walk away) for dinner, has anyone else had to go through this and how did you cope?

OP posts:
olathelawyer05 · 23/03/2014 23:40

The bank cant make them sell unless there is a default on the repayment.

If he wont sell and you want to, then you may need to apply to court for an order for sale, on the basis that the purpose of your property trust has failed/ended (because the relationship is over). A property litigation specialist can advise better. You at least need to be prepared to do this to force him to act. In principle, you would be entitled to whatever % your deposit represents, subject to whatever adjustments are appropriate. A court may not order an immediate sale, but should order a deferred one at the very least. You are two grown ups and there are no children to consider.

olathelawyer05 · 23/03/2014 23:47

"In principle, you would be entitled to whatever % your deposit represents"

For clarity, this means if your deposit was 50% of the equity at the time of purchase, then you would in principle be entitled to 50% of the equity on a sale now.

StopItBob · 24/03/2014 07:12

Presumably the OP has been paying off the mortgage though and therefore has paid toward the increased equity in the home. Therefore she should be entitled to more than just her deposit or what percentage her deposit initially represented?

OP can you see if any military charities or welfare organisations can provide legal advice so you can move forward with this?

olathelawyer05 · 24/03/2014 07:30

"Therefore she should be entitled to more than just her deposit or what percentage her deposit initially represented?..."

Hence "...in principle...subject to whatever adjustments are appropriate". This would be down to the determination of the judge if things get that far. Her ex may also have been paying towards it in one way or another. I believe the poster moved out at one point. Was this by mutual agreement? Was she paying paying the mortgage AND her rent? These are factors that may be relevant.

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