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Joint Property but new partner moved in....

  • chickpea25
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06 Apr 12 #322056 by chickpea25
Topic started by chickpea25

I am new to this so please bare with me.

I left my Jointly owned property in Early 2008, my estranged husband remained at the house as he refused to leave. I left with our daughter.
Since then he has had a partner move in. They had a son together.
He has now kicked them out and moved in yet another partner.

My question is: What can I do about this? (Cost effective)

Does he need my permission to have numerous partners moving in? (And their pets!)

I hope that makes sense.

Thank you

  • epitome title
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08 Apr 12 #322468 by epitome title
Reply from epitome title

Welcome to Wikivorce

You say you left in 2008 and that you are estranged, have you done anything about bringing an end to your marriage - have you been to see a solicitor - any proceedings started?

Is the property held in your joint names? Is your name still on any mortgage? Have you contributed towards any mortgage payments since you left?

Does your estranged husband have any contact with your daughter and has he paid any child support?

What is it you would like to see happen with the property, do you want it sold and any proceeds split between you or do you just want to stop him having girlfriends live with him?

sorry, a lot of questions but just ones that have popped into my head. If you want more detailed advice with regards to how things may pan out if you went for a divorce, perhaps you could post how long you were married, what grounds you would use for divorce (if you want to go down that route) how old your daughter is, how much he earns, how much you earn, what pensions are in place, how much the property is worth and what mortgage if any is secured on it, also what liabilities you have if any and any other assets.

Kind regards

  • chickpea25
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08 Apr 12 #322483 by chickpea25
Reply from chickpea25

Thank you for taking the time to reply.

The house is joint names....

when we met I had a flat ... he had debt. He moved into my flat. WE then had my daughter and I sold my house in order to buy a house. (the current house he lives in).

We both earn the same and our pensions are equal in value.

He does see our daughter. On average 6 times a month.
He did pay CSA for a year -(The year he ha his now ex partner and mother to his son residing at the address) - he hasn''t paid a penny since December 2011 and the CSA have now done an attachment to his earnings.

I have just found that he is paying a mere £303 per month towards the mortgage which is almost £1000 less than I pay a month to rent.

I am unable to get another mortgage while my name is still on the joint mortgage.

Ideally he would buy me out , although I have been made aware that he is in great debt (again!) and therefore this may not be an option... so I would be willing to force the sale.

I am tired of countless people moving into my house and not being consulted about it.

I was wondering f there is anyway I can insist on being consulted?

I think he fails to realise that we actually have reverse roles and he has been VERY lucky thus far.

I again cannot thank you enough for taking time to respond and really appreciate any help.

Thank you again.

  • epitome title
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08 Apr 12 #322493 by epitome title
Reply from epitome title

When you say he is contributing £303 towards the mortgage, is that what the mortgage is per month or is he paying less than the mortgage payment should be, therefore going into arrears?

You didn''t say how long you have been married or how old your daughter is.

If I were you I would be taking myself off to a solicitor for an initial appointment before the latest partner with child goes to see one and gets her cut out of him ie child maintenance. He sounds like a right sort and frankly if I were you, I would be definitely making plans to officially end your marriage as it certainly does not sound like you want to be with him, so why stay legally married to him,

it would seem reasonable that if he were to stay there, you should have some say on who lives there with him, I do know however that your mortgage lender would not allow someone other than the borrowers / registered proprietors to be living there without their permission, as that person would be an occupier without consent of the lender - basically if the lender repossessed the property (not suggesting they would unless there are arrears) but just as a scenario, the other person would be in effect, a sitting tenant.

If you were selling the house the occupant would also have to sign the contract to confirm they will give vacant possession to the buyer on completion,

I would again say get some legal advice and if you have no intention of getting back together, start proceedings,

Kind regards and best of luck

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