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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

What rights does an ex partner have to the joint home?

35 replies

namechangeforareason · 16/02/2015 15:30

Bit of a long one I think, but I'll try to keep it as brief as I can. Sorry if this has been done to death but I couldn't find any relating threads

I separated from my ex husband in March 2013. It was my decision and he took it very badly (understandable). I was desperately unhappy but he seemed to be quite happy to plod along as it was. His behaviour since we split has been damaging at best, and has never improved. He threatened suicide twice, was very hateful and angry, and to this day I don't even have his phone number. All arrangemnets for the children (7&14) are organised through his mum. He won't come to the door to drop them home, won't answer the door at his if I'm dropping them (he pops the door handle and they have to push it open, won't even make eye contact with me ..... Sounds like I'm being petty no doubt, but I know that this is all damaging the kids)
In the last two years there have been dozens of instances of selfish/damaging behaviour. I'm telling you this so that you have a little bit of insight into how he has coped so far with the separation, which may explain my feelings of unease and worry over what comes next

Ok so moving on to the current day. We have a joint mortgage and I have paid that on my own since July 2013 (he moved out March 2013)
He hasn't paid a penny since then, neither towards the mortgage nor maintenance for the children. He does see them regularly, and despite the way he handles drop offs/collections he is a good dad and they adore him.
I know that he doesn't want to hurt them, he just doesn't know how to control his emotions

I have a new partner, I met her (yes. Her) a few months after my split. We have been together for 17 months. My eldest child is aware of the relationship and has been incredibly mature about it. I'm very proud. We haven't discussed it with my youngest yet. My eldest is concerned about getting ribbed at school, and we decided that perhaps my youngest might not be the most descreet person to know!

We are talking about the day that we live together, and have thought that maybe in a years time we would like to take that step. (My eldest will be off to college at that point and the pressure of his exams will be over, plus he will be out of the school environment)
My children are everything me, I have made every decision during this horrible time with their happiness at the forefront. Everything is carefully thought out and I guess that maybe I'm over thinking some things. I don't know. Anyhow .....

We anticipate that my ex will be very unhappy with the decision to live together and therefore do anything in his power to stop this from happening

I cannot afford to have the mortgage on my own and I do not wish for my new partner to join me on the existing mortgage (for her own financial protection)

What I need to know:

Can he stop her from moving in?
Can he just come back and live here if he wants to?
Can he insist that I sell the house?
Basically, can he do anything vindictive to stop us from being together?

I may have given random info that's not required here, but I guess some background is required to have some understanding of my nervousness of the whole thing.

I would really appreciate some advice, either from people with the legal know how, or from people who may have found themselves in a similar situation

Thanks :)

OP posts:
SolidGoldBrass · 16/02/2015 18:02

He really is a prick. I bet most of the people who know him think you were right to bin him and are amazed you stayed as long as you did.
You do have rights - to cut him out of your life as much as possible, to make him pay maintenance, to set conditions around his contact with the children if he can't behave himself. Don't keep hoping he will be reasonable: he won't, because he's a prick. And don't worry about his suicide threats - he won't do it, because selfish men like this never do. Unfortunately.

namechangeforareason · 16/02/2015 18:23

Oh my gosh Solid

You just summed it all up far more eloquently than I ever could

OP posts:
Viviennemary · 16/02/2015 18:31

He will certainly have an interest in the equity you both have in the house. I think he could certainly try to force a sale if he chose to. Because he does jointly own the house with you and his name is on the mortgage. If you defaulted on the mortgage then he would be liable to pay it. Not sure if he could just move back in though. I think you need a clean break financially and legally.

creativevoid · 16/02/2015 18:41

There is a lot of good advice on this thread. It does sound like you are the victim of emotional abuse given the level of fear you are expressing. So please look into it some more and continue to free yourself.

I am actually writing about the financials. Do you realise that when you pay the mortgage while he is joint owner you are essentially paying him 50 per cent of the payment because he is entitled to the equity value at the date of divorce/settlement, not when the date when he moved out. So some money on a lawyer will be well spent as it will save you money in the long run.

namechangeforareason · 16/02/2015 18:42

Hi Vivienne
Yes that's exactly what I'm fearful of.....can he really make me sell it?
I don't begrudge him anything he is owed, and will happily give him his percentage of the equity ......but when the children are out of full time education :/

I'm also worried about him going off and getting loans or products tied to the house :/

OP posts:
namechangeforareason · 16/02/2015 18:44

Creative I didn't know that! How frustrating
This helpline opens at 7 so I'm hoping I'll be able to get through and get some help

You have all been lovely, thank you

OP posts:
Viviennemary · 16/02/2015 18:46

I think he could force a sale but a judge can order the home can be kept till the children are of age. I think that's 18 but could be 21. Give the Citizen's Advice Bureau a ring or get some advice from a solicitor. If you're in a Trade Union sometimes they have a scheme where you can get legal advice. I think he'd need your agreement to take on extra loans against the house but couldn't be sure.

kilmuir · 16/02/2015 18:50

get divorced. will never be able to move on until you do.
glad you have found happiness

fluffapuss · 17/02/2015 21:49

Hello namechange

You may not want child maintenance, but it is for the children's benefit !
If you dont want it get it & open a childrens account for both children, even tax free childrens ISAS. They can always use it for their future. He should be paying, start official CSA. What happens in future if they want money for car, house deposit, holidays, college courses....think long term

If you & your husband are both on the mortgage it needs sorting out legally with a solicitor. If you take him off the mortgage I believe you may have to buy him out or sell up. Legally the house is still half his even if he is not paying...

Your husband has no right to tell you who you can have as friend, family or partner & vica versa - none of their business

I would get some free advise from CAB & find local solicitor who offers 30 mins free & ask about their charges

Suggest make a list & start sorting things out !

Goodluck

fluffapuss · 17/02/2015 22:58

Hello namechange

I would rather be poor & live in a shoe and be happy

Than live in a luxury house, where I am still tied to someone who I have separated from & unhappy for ongoing years into the future, with no end in sight....

Time to make a fresh start !

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