URGENT ADVICE NEEDED - Seperation, house laws

pinkshoes

I can't see any problem with you living there whatsoever. As she has left your dad to pay all the mortgage, then he's entitled to take on a "lodger" to help pay the bills!

Fit a lock to the bedroom door so that she can't take your stuff, and notify her that there is now a lodger living in the property, so she can't take anything without prior permission.

In the long term, can your dad afford to take her off the mortgage (i.e. is his salary 3x the price of the house)? If not, then he needs to contact an estate agent ASAP to sell, and the negative equity needs to be split 50/50.

Hughesy84

wannabe_sybil wrote: »

Your father's wife, if her name is on the mortgage, has a right to a key and could, in theory move back in. The only way to stop her moving in is something like a restraining order. While her name is on the mortgage she has rights.

I am not sure about whether she could stop you moving in - she could make your life hell if you do, just by coming and going as and when. Why does she object to you moving in? Is it something you could work round?

My dad has legal advice....and is ringing about it today...I just wanted to know if anyone knew the in's and outs of it.

We know she could move back in etc...but she wont...she hates me (the son) and is so jealous of me and my dad.....it pathetic and we just want to get on with life!

Dave101t

just back your father up and say she was threatening violence against him and his possesions. your word against hers, and it will keep her from getting too close.

Hughesy84

pinkshoes wrote: »

I can't see any problem with you living there whatsoever. As she has left your dad to pay all the mortgage, then he's entitled to take on a "lodger" to help pay the bills!

Fit a lock to the bedroom door so that she can't take your stuff, and notify her that there is now a lodger living in the property, so she can't take anything without prior permission.

In the long term, can your dad afford to take her off the mortgage (i.e. is his salary 3x the price of the house)? If not, then he needs to contact an estate agent ASAP to sell, and the negative equity needs to be split 50/50.

Is that legally correct? That he can take us as lodgers...id be living there (paying some bills), GF would just stay some nights.

HE cant afford to get her off the mortgage, however she is very close to bankruptcy so we are trying to hang on for that to happen. She must have 10+ debtors who she is paying NOTHING to...it can only be a matter of time until they get her surely?!

Hughesy84

Dave101t wrote: »

just back your father up and say she was threatening violence against him and his possesions. your word against hers, and it will keep her from getting too close.

Will it though? Have you any experience of this?

carolan78

If you hang on for her to go bankrupt then your Dad will soley be liable for any joint debts they have...including negative equity on the house. From the information you have given us I wouldn't risk this personally.

wannabe_sybil

http://forums.moneysavingexpert.com/showthread.html?t=2044327

Thread started on house board.

timmmers

Maybe an injunction or legal order of some kind barring her from a certain distance (for fear of her taking stuff or causing damage) would be possible? IT happens to guys who leave wives all the time for similar reasons.

Close your eyes and imagine that this is a woman with kids ..the boot being on the other foot...no way the guy would be allowed to break in or stop the woman having her kids there...the law makes us all equal in theory so possession is key.

Any debts she has that your dad isn't involved in...tell them her new address. It's not his problem and he won't need the hassle.

t

Hughesy84

carolan78 wrote: »

If you hang on for her to go bankrupt then your Dad will soley be liable for any joint debts they have...including negative equity on the house. From the information you have given us I wouldn't risk this personally.

Yep fully aware of that...Thats no problem, we have the legal advice covered on this one.

Thanks though :T

Hughesy84

timmmers wrote: »

Maybe an injunction or legal order of some kind barring her from a certain distance (for fear of her taking stuff or causing damage) would be possible? IT happens to guys who leave wives all the time for similar reasons.


Any debts she has that your dad isn't involved in...tell them her new address. It's not his problem and he won't need the hassle.

t

Already done it buddy.

Injunction would surely be the same thing though - no crime, no problem!? Il check it out though