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Can Son & his girlfriend move in with Dad?

Ok quick question which I need answering if you could.

Dad was Married for 21 years (still is), however his wife has left, got rented accomodation and has now been gone 3 months without paying a single bill.

Dad changed the locks as she cleared 70% of the contents when she did a flit. Yes we know she has a legal right to a a key...as the mortgage is joint. He is willing to allow her access to the property when he is there, but she doesnt want that (she basically wants to clear more gear)....

Anyway Dad wants Son (me) & his girlfriend to move in with him, it will also help him with the bills. Is this possible?

The wife is threatening to get a restraining order on the girlfriend to stop her staying there....is this possible?

Thanks and please reply asap
«1

Comments

  • Fire_Fox
    Fire_Fox Posts: 26,026 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 30 October 2009 at 10:14AM
    Why would a restraining order be required, has there been violence or threats? If not why would the police get involved? Has your father sought legal advice to get this separation formalised?
    Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️
  • The divorce is in its early stages...but its started through solicitors.

    No violence/ no threats etc - just doesnt want us there.....Surely she would need some sort of proof to get a restraining order, rather than just saying she is 'scared she will be attacked' or something.

    The women is deluded mate!
  • CLAPTON
    CLAPTON Posts: 41,865 Forumite
    10,000 Posts Combo Breaker
    Although I've never heard of a restraining order being used in this was, why does it matter?

    Just move in as you wish

    If she goes to court (very unlikely ) and she actually wins (take a few months at least ) then move out.

    Much more importantly is that your father sorts out the ownership of the house and makes a clean financial break with his wife... needs to see a solicitor.
  • Why should I move out for her though? If im in....im staying in ha ha!

    I just want to know the rules/ laws and then I can basically say to her 'Tough im here now'.
  • duchy
    duchy Posts: 19,511 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Xmas Saver!
    Sounds like you're enjoying adding fuel to the fire.
    If you want to move in to help your Dad get through a bad time in his life that's one thing-if you want to stir the pot and make a bad situation worse then stay away.
    If the house is owned jointly she certainly may have the right to exclude you-proper legal advice at this point (not the opinions of an internet forum) might save a lot of trouble and legal costs further down the line.
    I Would Rather Climb A Mountain Than Crawl Into A Hole

    MSE Florida wedding .....no problem
  • duchy wrote: »
    Sounds like you're enjoying adding fuel to the fire.
    If you want to move in to help your Dad get through a bad time in his life that's one thing-if you want to stir the pot and make a bad situation worse then stay away.
    If the house is owned jointly she certainly may have the right to exclude you-proper legal advice at this point (not the opinions of an internet forum) might save a lot of trouble and legal costs further down the line.

    Trust me im not enjoying 1 moment of it...I simply want to have the info to cover my backside so that basically she hasnt got a leg to stand on and cant force me to not to move in!

    Legal advice is being sought too - I just though people on here would have past experiences/ or be legal people on here who know the law.
  • It may be helpful to refer to this thread

    http://forums.moneysavingexpert.com/showthread.html?t=2043869

    Also my understanding is that if your stepmother goes bankrupt then anything in joint names, ie mortgage, will be considered payable by your father but it may not take your stepmother's name off the mortgage. Someone will be able to say if her bankruptcy will trash your father's credit rating as they are financially linked via mortgage - I don't know.

    Only creditor that regularly makes people bankrupt is HMRC. Other creditors have to pay thousands to make someone bankrupt (inc fees, costs, etc) and someone in rented accommodation is not worth their while - unless they think that there is equity in the property discussed in which case they may try and get a charging order and force sale.

    You may find it helpful to have a browse around on this site to get some ideas.
    Ankh Morpork Sunshine Sanctuary for Sick Dragons - don't let my flame go out!
  • It may be helpful to refer to this thread

    http://forums.moneysavingexpert.com/showthread.html?t=2043869

    Also my understanding is that if your stepmother goes bankrupt then anything in joint names, ie mortgage, will be considered payable by your father but it may not take your stepmother's name off the mortgage. Someone will be able to say if her bankruptcy will trash your father's credit rating as they are financially linked via mortgage - I don't know.

    Only creditor that regularly makes people bankrupt is HMRC. Other creditors have to pay thousands to make someone bankrupt (inc fees, costs, etc) and someone in rented accommodation is not worth their while - unless they think that there is equity in the property discussed in which case they may try and get a charging order and force sale.

    You may find it helpful to have a browse around on this site to get some ideas.

    What has this got to with the OP's situation????
    "You were only supposed to blow the bl**dy doors off!!"
  • What has this got to with the OP's situation????

    It's the thread that the OP started in the Marriage board. He refers to hoping his stepmother will be made bankrupt and thus the matters will be taken out of her hands.

    I was just trying to be helpful - serves me right. I promise I won't do it again.
    Ankh Morpork Sunshine Sanctuary for Sick Dragons - don't let my flame go out!
  • peachyprice
    peachyprice Posts: 22,346 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hughesy84 wrote: »
    The wife is threatening to get a restraining order on the girlfriend to stop her staying there....is this possible?

    No it is not possible unless the girlfriend has actually been charged and taken to court for abuse or harrassment of the mother.
    Accept your past without regret, handle your present with confidence and face your future without fear
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