Can my partners ex kick her out the house.

grubster5676

Good Morning,

I wonder if someone could help please,

My partner lives in the house which her ex owns, my partner is not on the morgage but she lives there with there two children.

He has been paying the morgage while my partner has been paying all the bills, he does not pay CSA, he also owns his own business and another two bedroom house which he rents out.

He has started divorce proceedings and also wants her out of the house, financially she cannot afford to pay the morgage, i do not live there as i rent my own place,

Will the courts evict her ? the kids are only 3 and he said he will not give her any money to get somewere new.

Many Thanks

Mark

adouglasmhor

grubster5676 wrote: »

Good Morning,

I wonder if someone could help please,

My partner lives in the house which her ex owns, my partner is not on the morgage but she lives there with there two children.

He has been paying the morgage while my partner has been paying all the bills, he does not pay CSA, he also owns his own business and another two bedroom house which he rents out.

He has started divorce proceedings and also wants her out of the house, financially she cannot afford to pay the morgage, i do not live there as i rent my own place,

Will the courts evict her ? the kids are only 3 and he said he will not give her any money to get somewere new.

Many Thanks

Mark

Your partner needs to get mainteneance for her kids and proper legal advice. There are people who do this they are called lawyers.

Caz3121

grubster5676 wrote: »

Good Morning,

I wonder if someone could help please,

My partner lives in the house which her ex owns, my partner is not on the morgage but she lives there with there two children.

He has been paying the morgage while my partner has been paying all the bills, he does not pay CSA, he also owns his own business and another two bedroom house which he rents out.

He has started divorce proceedings and also wants her out of the house, financially she cannot afford to pay the morgage, i do not live there as i rent my own place,

Will the courts evict her ? the kids are only 3 and he said he will not give her any money to get somewere new.

Many Thanks

Mark

Does she have her own lawyer for the divorce? The property she currently lives in will be part of the matrimonial pot, together with any debts, pensions etc

She may be able to enquire about a mesher order where she stays in the property until she cohabits/youngest leaves education however the norm would be for him to pay maintenance and her to pay the mortgage and bills from the maintenance + benefits. If she does not believe that she can cover this then she will need to look at other options

She would be best getting some legal advice as it sounds like her ex believes he can get keep everything and she gets nothing

BitterAndTwisted

As his wife, even though she is not on the mortgage, she is entitled to a share of the property. Both parents have an obligation to ensure that the children they share are adequately housed. This could mean that as part of the financial settlement he pays her child maintenance and she takes over responsibility for paying the mortgage and the property only sold once the children cease to be dependent.

What she must not do is be threatened by anything he says he will do before she has sought legal advice.

Another thing she must not do is to agree to a divorce without arranging the financial settlement, legally and properly. She is not necessarily in a weak position with regard to the children's home. If she doesn't realise this you need to tell her.

DS4215

As they were married, not only does she have a claim on the house she lives in, but also any other property he owns, any pension and potentially the business depending on how it is setup (and he also has a claim on her assets).

thorsoak

She needs to see a solicitor soon.

DUTR

grubster5676 wrote: »

Good Morning,

I wonder if someone could help please,

My partner lives in the house which her ex owns, my partner is not on the morgage but she lives there with there two children.

He has been paying the morgage while my partner has been paying all the bills, he does not pay CSA, he also owns his own business and another two bedroom house which he rents out.

He has started divorce proceedings and also wants her out of the house, financially she cannot afford to pay the morgage, i do not live there as i rent my own place,

Will the courts evict her ? the kids are only 3 and he said he will not give her any money to get somewere new.

Many Thanks

Mark

How spooky that the story, is from the other side of a story posted this week, where the OP's brother is paying the mortgage and the ex has moved her lover in and neither are paying the mortgage.

OP if you are going to steal the Mans wife n kids and house, then it should be little change to also buy him out of the house :eek:

Mojisola

DUTR wrote: »

How spooky that the story, is from the other side of a story posted this week, where the OP's brother is paying the mortgage and the ex has moved her lover in and neither are paying the mortgage.

That couple weren't married and the brother was paying all the household bills as well as the mortgage.

adouglasmhor

DUTR wrote: »

How spooky that the story, is from the other side of a story posted this week, where the OP's brother is paying the mortgage and the ex has moved her lover in and neither are paying the mortgage.

OP if you are going to steal the Mans wife n kids and house, then it should be little change to also buy him out of the house :eek:

But the wife still has a share of the house and the father still has a responsibilty to pay for his kids.

girlsmum

DUTR wrote: »

How spooky that the story, is from the other side of a story posted this week, where the OP's brother is paying the mortgage and the ex has moved her lover in and neither are paying the mortgage.

OP if you are going to steal the Mans wife n kids and house, then it should be little change to also buy him out of the house :eek:

the OP did not say he lives in the house, and you do not know the reason for the split her husband could have left her for someone else. What is the woman supposed to do live a life of chastity because she lives in the house with their children... I think the comment about stealing his wife, kids and house is a bit harsh.
OP your partner needs to see a solicitor, tell her not to panic what he is telling her is likely to be scare tactics.

DUTR

adouglasmhor wrote: »

But the wife still has a share of the house and the father still has a responsibilty to pay for his kids.

Yes at 20% net which may well be less than the mortgage.