Where do I stand? Ex won't move out or pay rent

Vortex1

Guys would really appreciate any advice on how to play this please. Last week I completed the purchase of the house (from my ex) which my ex and I plus our two children live in. Previously the house was in her name but we were cohabiting and I have paid more than half the associated costs for the past 10+ years.

My ex has exchanged on a house around the corner which does not complete until early January. She wishes to refurbish her new house before moving in and expects me to let her stay living in my house whilst paying no rent until the works are complete. Our split has been extremely acrimonious and I cannot bare to be in the same house as her but if she were to pay a reasonable rent I would tough it out for my kids.

Her elderly mother lives within a mile and her sister within 2 miles. She has told me she has a right as the children's mother to stay in my home until her house is refurbished and is threatening me with court action if I try to get her out. Is this correct?

My bills associated with the house are over £3200 pcm and I have asked her to pay half of these costs in rent but she has flatly refused. She earns the same as amount as me PA.

Where do I stand please?

krlyr

Are you married? That could make quite a difference I think.

Vortex1

No sorry should have said, we were never married.

podperson

If you have completed on the house sale and its now under your name with nothing to do with her then no she has no right to stay in the house. If she is going to be the main carer for the children then she has the 'right' to get child support paid to her which is supposed to go towards a place for her and the children to live but you have no obligation to actually provide that place for her. If you've just bought her out of the house then presumerably she has some money from that so can either rent somewhere for a month/stop with friends/family or can put up with living in her new house while it's been refurbed.
Though, as mentioned above if you're married that may change things. If you are worried then I would suggest seeing if you can get a free half hour with a solicitor, they will be able to advise more on the legal position and possibly even draft an official letter to send her asking her to leave the property.

Vortex1

Thanks, yes she had a very large chunk of money on the house which I believe is sitting with her solicitor ready for her new house. We have a "Parental Agreement" that we will be having the kids 50/50 and all associated costs.

We were never married.

silvercar

During the 50% of the time she has your children and her house is not ready, where would you like your children to live? Sounds to me like you are either forcing her to give you the children 100% of the time until her home is ready or make your children homeless for the time she has them.

Sounds like she should have delayed the legal completion of you buying her out of your current home until her new house was ready. Then you would have had to accept living together for a few more months.

Vortex1

They can happily stay with me and I really am not stupid enough to deny her access as just because I don't like her she is their mother. She can come around for a few hours on weekdays etc and see them. Either that or pay a fair rent until her house is ready. She is trying to dictate to me what I can and can't do in the house including buying furniture.

flutterby_lil

Can you not look after the children whilst her house is sorted and she can live with her mum.sister who live close by?

Vortex1

flutterby_lil wrote: »

Can you not look after the children whilst her house is sorted and she can live with her mum.sister who live close by?

You would think so but apparently that is completely unreasonable.

flutterby_lil

Oh so you are able to do this...I think she is unreasonable yep!!

Vortex1

flutterby_lil wrote: »

Oh so you are able to do this...I think she is unreasonable yep!!

Absolutely, the kids really aren't a problem here (apart from being used as a weapon by ex in past).

Feel between a rock and hard place. Not wanting to upset the kids over Christmas is main priority but the relationship between ex and myself is so poor I can't believe that is good for them either.

The reaction over my requesting rent was incredible as was the level of verbal abuse. If the relationship were better I wouldn't have so much of an issue but having been put through hell mentally/emotionally, legally and financially over the past 6 months leaves me less accommodating.