Husband won't move out of house, though it's not in his name..suggestions?

geoffky

some people must be experiencing some bad flashbacks considering the responses.....to the op...your friend has to use the law to get him out as otherwise she is on thin ice.. and he has a beneficial interest in the house. This one is for the lawyers i am afraid..

BitterAndTwisted

A reasonable and amicable agreement must be reached. A married person cannot be chucked out of their home just because it suits the other spouse. It's legally and morally wrong to expect to be able do that in any case unless a deed of trust or some other legal implement was used when the marriage took place. If it did one could argue that it wasn't a proper marriage in the conventional sense at all.

A simple formula could be reached if both parties contributed to all of the mortgage payments and household bills. Something like: value of property before marriage deducted from increase in equity to date divided by two. So, the OP's friend may need to remortgage in order to pay the husband his fair share of the equity once three independent valuations have taken place. Or, of course, it could be sold and the increase in equity split then.

Dasa

Angela_D wrote: »

Well he was sleeping with somebody else - not me - so I can certainly see her point.

I did assume because most people sort things out amicably under normal circumstances wouldn't they ?

I don't think we should assume anything. It could just as well be her that has slept with someone else and wants to move her boyfriend in for all we know!!!!

suited-aces

Angela_D wrote: »

Change the locks, stuff in bin bags on doorstep, the police will not assist im to gain entry unless he can prove he owns the house which he can't.
She might want to shred any documents he could use to prove his address too.

I hope you are not as vicious and conniving in real life.

sharpy2010

suited-aces wrote: »

I hope you are not as vicious and conniving in real life.

Thats exactly what I also thought... A really nasty scheming piece of work

ivavoucher

suited-aces wrote: »

I hope you are not as vicious and conniving in real life.

tools of the devil

danothy

Angela_D wrote: »

Well he was sleeping with somebody else - not me - so I can certainly see her point.

I did assume because most people sort things out amicably under normal circumstances wouldn't they ?

In my experience, no. From what I have observed and have been through in the past I have reached the conclusion that people in general rarely sort things out amicably when ending a relationship, and will some times do things like (try to) throw the other person out just to hurt them regardless of who was responsible for the break-up or who was in the right/wrong.

Gorgeous_George wrote: »

The bottom line is, you cannot just treat people like sh t. Most deserve better.

I like the way you have put this. I also think that it's often not our place or right to decide who does deserve it.

Atom

I was in the exact situation as this 3 years ago - turned out my ex was the one who was messing around while i was working away, mortgage was in her name etc i didn't want anything, i walked out and left the lot and got my divorce asap - didn't want to see her puss again..

evoke

Jeez.

Imagine if the situation was the other way around and the husband paid for the property deposit and mortgage and the wife wanted to divorce him. She'd keep the kids, keep the house, keep the car and take half of his money and then kick him out and then force him to pay maintenance for the kids.

However, as it's a bloke the law is stacked against him and is clearly biased towards women. So much for equal rights, eh?

As he's been living in the family home I presume he has some stake in the property.

evoke

Angela_D wrote: »

Change the locks, stuff in bin bags on doorstep, the police will not assist im to gain entry unless he can prove he owns the house which he can't.
She might want to shred any documents he could use to prove his address too.

Jeez.

I pity any blokes you meet. Do you come with a health and wealth warning? LOL.