Advice Needed - URGENTLY!!!!

Hi Fiona. What if your ex has never lived in the house you occupy? I live in my own home. I left the FMH November 2006. Her name is on the mortage and the deeds. Could she occupy my home even though she has never lived here?

Chris

Chris.....
Her name is on the mortgage and the deeds to your new home?
When this all kicked off with me my solicitor said that if my x2b's name was on the mortgage/deeds then he could move back in.... I don't know whether that would be the case in your situation
Karen

Scottish Lady,

It is not a crime to force entry into a property one owns or part owns but forcing an entry against an occupant's wishes is behaviour likely to result in a breach of the peace and the police have the power to step in. In a domestic dispute they'll need an invitation to come into the house unless they have reason to believe a crime is being or has been committed.

Do not feel you might be "wasting" Police time by calling them. They are public servants paid for by taxes and their job is to keep the peace, so if you are frightened or made by uncomfortable by your xtb's behaviour, let them know, ask them for advice and keep a diary of all events.

I am sorry to say that his moving in may make things unpleasant,if it does then he is interfering with your right of "quiet and peaceful enjoyment" of your property and such frequent and prolonged behaviour is harassment for which you can have him booted out, but a log or diary is necessary.

Conversely there is a chance that he may behave himself and aside from ocassional minor friction you might be able to tolerate his staying because you see it as a temporary thing, but he should sleep elsewhere and the two of you effectively become two households in one home, otherwise you'll be back to living as husband and wife.

ChrisM - a side note. For tax purposes your FMH ceased to be your principal residence when you moved out. If you are looking for a proceed from the eventual sale and it is sold over three years from th etime you left, your share will be subject to capital gains tax. It may be that Scottish Lady's xtb is thinking that by moving back now he can reset the three-year clock. I don't think your x Chris can move into your home as she has no beneficial interest in it, unless she put herself to some detriment in relying on it.

Scottish lady I wish I could offer advice, but I dont have any, just wanted to offer you my support.

I like Fiona's advice of looking good, being positive and rising above it! I also hope he changes his mind and you dont have to deal with the situation at all.

Very wise to move the sensitive stuff out of the way.

Good luck - keep us posted on events!

x