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help needed please

  • froofroo
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21 Jul 08 #34189 by froofroo
Topic started by froofroo
Hi all
a couple got divorced 12yrs ago and the FMH was rented accomodation at that time, the ex wife left and husband remained in the property with the children for the next 6yrs(ex wife made no contribution to anything)
After the 6yrs the ex wife moved back in to the property for about 6 months, and they were offered the chance to buy it at a reduced rate but due to incomes had to buy it in joint names, which they did as husband believed they were re-conciled.
When the purchase had all gone through the ex wife then left again, with the man she had left husband for in first place, for a period of 8 months.
She then returns and say's that as the house is in joint names she is now going to live there too
Advice please... would this be classed as co habiting as they were divorced when they purchased the property?
and if so would ex husband be able to make any claim for maintenance from her as she pays nothing to mortgage or bills?
From my understanding co habiting couples have no legal claim to maintenance(so it said in freq asked question guide)
any views on this one please
thanks
regards froo

  • polar
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21 Jul 08 #34321 by polar
Reply from polar
Interesting one. From one point of view this could be considered a straight business venture. i.e. 2 people buy a house together. If thats the case then she has a right to half the value of the house. (subject to term of buying which are often 3-5 years residency) Sounds like this is a warning to others who think they have reconciled. Same stupid type of rule that says if a person commits adultery and you find out and live with them for 6 months you cant use adultery as excuse for divorcing.

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