Right of STBX to live in family home

Hi, I have been told that as long as STBX''s name is on the mortgage he can come and go as he pleases and live with me and the children even once divorced. He hasn''t worked for 9 months and has therefore not contributed to the household expenses. Surely if he is not paying half of the expenses then he can''t be allowed to stay! I am just hoping that I will get this money back somehow. It just messes things up like claiming for council tax relief but I think I am still entitled as the wife of an unemployed person. He doesn''t even claim benefits. He has just swanned off back to Spain (parents live there) to top up his tan but at least he is out of my face.

Annie

This is not such a straightforward question as you will see if you search for this topic on these forums. There are a lot of factors but financial contribution isn''t really one of them.

Yes as a joint owner he will have a right to live there even after divorce. But you also have a right to privacy and a quiet life under EU human rights laws. These laws obviously are contradictory and so which one "wins" depends on the circumstances: how long he''s been gone for, how long he lived there for, whether he has alternative accommodation, etc.

ANNE1234 wrote:

Hi, I have been told that as long as STBX''s name is on the mortgage he can come and go as he pleases and live with me and the children even once divorced. He hasn''t worked for 9 months and has therefore not contributed to the household expenses. Surely if he is not paying half of the expenses then he can''t be allowed to stay! I am just hoping that I will get this money back somehow. It just messes things up like claiming for council tax relief but I think I am still entitled as the wife of an unemployed person. He doesn''t even claim benefits. He has just swanned off back to Spain (parents live there) to top up his tan but at least he is out of my face.

Annie

Looking at it the other way though as your spouse he is entitled to your support. You can''t just kick your husband or wife out because they can''t pay half the bills.

He hasn''t been kicked out due to non-payment of bills. He has swanned off of his own accord but the atmosphere is obviously better once he has gone away. He just can''t ignore the fact that the mortgage is HIS debt too.

Annie

anne, mine swanned of with the OW in december, he hasnt payed a penny towards any bills since, as ive been told by my sol, mortgage company and many on here, IT is still liable for half the payments, on the mortgage, but cant get blood out of a stone, xxxxxxx

For what it is worth, one of my textbooks says that it depends whose home it is.

If he has clearly left home and has a residence elsewhere, so that the FMH cannot be regarded as his home any more, you can change the locks and it is them up to him to apply to the Court for an order for re-admission, but he is unlikely to get it, except for a short period to collect personal belongings.

Really, you need to sort this one out. It can matter a great deal to your benefit entitlement whether you are a couple or a single person. The chances are that a Court would give you the sole right to occupy the FMH until the children grow up - if you can afford the payments.

LMM

legally, he is entitkled to be there as the house is in both names, so you can only exclude him if you have a court order to allow this (either an injunction, or a final finacial order)

Stricly, if you change the locks he is entitled to a key.

In practial terms, however, if you should sccidentally lose your keys and theerfore have to get the locks changed, you an forget to give him a new key.

He could apply to court to try to force the issue but he is unlikely to get much sympathy.

For this, and other reasons, you do need to get a final finacial order. It is possible for him to still be on the mortgage but not to be entitled to come into the hosue, the order would need to say that you will have exclusive occupation of the property.