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Wanting to stay in MH

  • Unluckyme
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20 Sep 12 #356958 by Unluckyme
Topic started by Unluckyme
1. We have one property that is rented out, I am on joint mortgage, but ex keeps excess rent received after paying mortgage. He keeps £330 month.
2. I live in MH with our 2 children aged 6 and 13, I am joint owner also of this property ex paying mortgage.
3. Ex owns another property that he rents out, and is co owner of 3 other properties. He is insisting that I move back to property 1, my children and I are distraught at this thought as they would be leaving their friends and the safety they feel where we are now, would have to give up their large bedrooms and share as 3 room at property 1. is very tiny box room and they would have to part with their belongings to fit in, the reason we moved from this property was because our children were getting to big for the space and to enable eldest to be in catchment for better school.
Any advice about us having to go back, I have suggested through solicitor that property 1 is sold and I will pay my share off of property 2 and remain with ex paying lower mortgage.
Help please.

  • LittleMrMike
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21 Sep 12 #357042 by LittleMrMike
Reply from LittleMrMike
Well, perhaps I can put your mind at rest a little.

I don''t like advising on housing issues without the full facts.

Nevertheless, your husband has no right to '' insist '' that you leave the family home.

You have the right to stay there simply because you are a joint owner and you cannot be removed without an order of the Court.

Again, not knowing the facts, I hesitate to be dogmatic but the Court will tend to prioritise the needs of the children. I''m not saying that it could never be unreasonable for your husband to offer you an alternative home, But my inclination is that you would be likely to have the right to remain in the former marital home at least until the children are 18.

For further information, you can read an article I wrote for wiki.

But shouldn''t your solicitor explain this ?

LMM

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