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Can stbx kick my Mum out of our jointly owned FMH?

  • Sunnydays13
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25 Apr 12 #326469 by Sunnydays13
Topic started by Sunnydays13
Please can anyone advise on my most uncomfortable situation as follows:

I''m in the middle of a divorce situation but unfortunately forced (financially) to stay in in the FMH with my stbx until agreement or court judgement is reached about who lives where. I have two young children and work nearly full time so my mother has come from America to help out for next couple of months.

Stbx is not happy about this and threatening to kick her out. She has not said or done anything to him, just here to give me some much needed support at this difficult time.

Legally - can he force her to leave when she is here as my guest?

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25 Apr 12 #326475 by cookie2
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It is the house owner''s prerogative to invite someone into the house, and also to ask them to leave. You are married, so you both have both of those rights.

What that means is, you can invite your mother in, and he can kick her out. If you are both in the house at the time then this could lead to a big argument. That is not exactly in keeping with your stated aims of "much needed support", it is making the situation worse for you and him and your mother.

But when you are not in the house, he can kick her out, and you will not be there to invite her back in. When you arrive home you can invite her back in which may simply lead to another argument as above.

It sounds like a recipe for a huge load of arguments. You are both technically "right" so there would be no way for either of you to win the fight. Personally it doesn''t sound like a good solution at all. I would recommend your mother stay elsewhere, and come to visit you to offer support.

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