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Please Help!

  • Nicola
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12 Apr 07 #60 by Nicola
Topic started by Nicola
Hi

My boyfriend is currently legally separated from his wife, (they were together for 10 yrs but only married for the last two and are still married). Without being biased, she is literally being awkward for awkwards sake about everything - so I'd really appreciate any advice people can offer. Firstly, she's on legal aid, they have 2 children together and she works 16 hours a week. She is randomly refusing his children's access for no reason at all (this is to be sorted in court in July). He owns and pays the mortgage on the house she lives in , so essentially she has no rent. She has taken out an injunction to prevent him selling it.

The he left 4 times during their relationship as she is intolerable to live with, but went back the previous 3 for the children's sake.

He had a very nice car which he is still paying the loan off for, which he signed over to her when he left the final time so the children would have something safe to travel in. She has since sold this for a £2k car and kept the money.

Does she have a right to any of the house as she's never paid a penny towards it and it's all in his name as the marriage was so short? And where do we stand on the car loan.

Also can she refuse him entry to the house - she seems to think she can, but surely if it's his he must have some entitlement?

Please help!!

Kind regards

Nicola

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12 Apr 07 #61 by wikivorce team
Reply from wikivorce team
Q) Does she have a right to any of the house as she's never paid a penny towards it and it's all in his name as the marriage was so short?

A) Yes she does - its just a question of how much.
You don't say when the house was bought and with who's money for the deposit - this could make some difference. It doesnt matter who paid the mortgage.
Worst case - court treats relationship the same as a longish marriage - she gets 60%+ of house if she looks after kids.
Best case - court treats relationship as short (2 yr) marriage - she gets some share - perhaps 20 to 30%.

Q)Where do we stand on the car loan?
A)The loan is a joint debt.

Q)Can she refuse him entry to the house?
A) Legally no she can't, as joint owner he has legal right of entry. In practise however she can call police if he turns up and they typicaly take the woman's side and strongly encourage him to leave.

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