Separated, but she''s living in my house - my right

Okay I see your point - I thought my original requests re the property were reasonable though. I asked that she contribte £180 per month towards the mortgage and she could happily remain there. Bear in mind, I don''t really want any un-nec essary upheaval for my daughter, I just want to stop the monthly payments.

I should note though that her solicitor told me three months ago that she would be leaving the property in October as she had sourced alternative accommodation. This appears to no longer be the case, hence my letter suggesting that she continues with this approach and then I will return there and sell the property etc

I suppose in hindsight this does not sound that fair - I''m sure her solicitor will put me in my place. At which point I''ll have to request again a contribution to the payment... and so the cycle continues!

Yes if she can afford to contribute to the mortgage then it is entirely reasonable to ask her to do so. In fact since she has sole occupation and usage of the property, it would not be unreasonable to ask her to pay the whole mortgage -- if she can afford it, of course. If she simply cannot afford to pay then there is not much she (or you) can do.

Also you need to get a divorce filed ASAP. There is precious little you can do until that process is underway.

Yes well basically, I agreed to pay the rest of the mortgage (£200) in lieu of child maintenance.

Or she pay the full mortgage and we can go through CSA and I''ll pay what I''m obligated to pay which would probably work out less than £200 anyway.

She can afford payments of £180 definitely - she receives single parent, housing benefits and unemployment benefits and always has more money in the pot at the end of the month than me!

It makes me frustrated when I see she''s bought a new TV, bed, iPhone etc ! Not to mention she smokes like a chimney, she definitely has enough money!

P.s sorry for all the rants, finally found somewhere to vent !

CheapDivorce wrote:

housing benefits

Well - if housing benefit is not intended for paying housing costs, then I don''t know what is!!

Three months is a totally reasonable time to give someone to look for alternative accommodation.

I used to have rental properties and under tennents agreements you can apply for eviction if the tennent fails to pay for 6 months.

In practical terms however when you are marketing a property for rent that is or will become vacent there is no point doing so until more or less the expiry of the tennency when a tennent gives notice as a prospective new tennent obviously wants to view the house physically and a tennent in occupancy has rights to privacy.

You are being royally messed around by your wife and her solicitors.

You have missed two months mortgage payments and that needs to go to court as well. Stick to your guns I believe that you are right - you may be currently scuppered by the possession is 9/10ths of the law but actually occupancy is not the law otherwize squatters would always be right and lawful owners always wrong.

soulrider WTF??!?!?!?!

This woman is not his tenant or a squatter. She is his wife and mother of his child. He has NO RIGHT to kick her out or to give her 3 months to move out. As his wife she has a right to live there up until such time as there is a court order saying otherwise.

Sorry but your advice is completely incorrect.