Can my partners ex kick her out the house.

duchy

StuC75 wrote: »

Fairest approach is obviously for the OP's partner to move on from the property and rent somewhere (she cant afford the mortgage in the long term can she pay rent?), that will allow her husband to sell the house and move forward in a situation where he is then paying maintenance. Or is the OP happy for his girlfriends husband to be paying this going forward?

Why obviously ?

They are married and all assets which include two houses and a business will be joint marital property .

She may be in a position to keep the house outright and him keep the other house depending on the equity situation of both and the valuation of the business.

Child support is entirely separate to division of marital assets -although her portion of the division may be larger because she has the children living with her (as husband wants her and the children to vacate)

Her new relationship isn't relevant (nor is any relationship the husband may have also formed either)-and there is no reason why she should expect a new boyfriend to pay her rent if they are not living together (which they currently aren't)

quidsy

justme111 wrote: »

Since when people who don't cohabit call each other "partner"

Since when did "partner" become the norm. Either boyfriend/girlfriend or husband & wife. Partner Urgh

Op's gf needs independent legal advice, shelter is a good place to start but so is a solicitor.

TBagpuss

As your partner is married, she will be apply to apply for a reasonable financial settlement which will take into account her needs and those of the children, as well as her husband's needs.

In the short term, as the house is in her husband's sole name, she should register her Matrimonial Home rights with the Land Registry.
She should not move out at this stage.

Allo f the assets (including the other property and the business) are matrimonial assets and a court would looks at both aprties needs, as well as considering whether assets were built up before or during the marriage, to see what settlement will be fair to both parties and will ensurethat the children's needs are met.

Your partner needs to arrange to see a solicitor as soon as possible toget proper, professional advice.

She cannot be made to leave her home unless a court order is made.

grubster5676

I do appreciate all comments, we are planning on moving in together once this is all sorted, My partner has been paying all the bills and clothing the children without any finincial support from her ex, he cheated then left to be with his new G/F, like I said all he does is pay the morgage. Many Thanks

RAS

make sure your partner checks out her situation on www.turn2us.org.uk. Both now and what would happen if the mortgage was no longer paid but she got 20% of his income.

BIG warning; it is incredibly easy for the self-employed and those running their own business to minimise their income in order to reduce CMS payments whilst still living the life of riley. he takes a low income and pays his latest squeeze a high salary for example. All cars are leased by the business etc.

DUTR

grubster5676 wrote: »

I do appreciate all comments, we are planning on moving in together once this is all sorted, My partner has been paying all the bills and clothing the children without any finincial support from her ex, he cheated then left to be with his new G/F, like I said all he does is pay the morgage. Many Thanks

Either way it won't be a quick and easy resolve.
As others have stated , depending on the arrangement the couple have and what a court may decide the house may still have to be sold and a 60/40 split of the equity and 20% net (beings as he may be self employed could prove difficult obtaining 20% net) You/she can have a look at the CMS website for some guidance on child support.

StuC75

Ok the assumption is that assets and liabilities are equally split. what if the husbands business is barely keeping afloat - massive negative equity on the properties held.. Will the wife be so keen for something not in her name then?

The house is mortgaged, so the marriage may be liability rich but cash poor in terms of what they hold.

The full ins and outs of the separation - why there at this stage is of no consequence to this discussion, so the Neutral view that they should be allowed to make a 'clean' break ought to be a realistic expectation. The OP hinted that his partner couldn't pay the mortgage - so what is her ongoing financial predicament?..

I've been in the scenario of paying a mortgage, paying maintenance and trying to make my own living (ex had an affair and moved him into the house), and that was a tough time..

The relevance of new relationship is in terms of the dynamics of how the OP may see things going in the longer term - were the OP and his partner to then make a go of things and live together. a situation he is best to be aware of in advance - eyes open and all that...

Say the OP's partner gets settlement and maintenance sorted, and is then in A/the house and receiving Tax credits with a tight budget to live to.. The OP then moves in and looks to contribute to the household - but in doing so that wipes out the tax credits that his partner receives.

Therefore his contribution only covers what's been lost and so financially the OP's partner isn't any better off from them living together - when initially thought his income would better there combined living arrangement.

this could put additional pressure on there relationship - and elsewhere on this forum there were suggestions that the OP's Partners ex-husband should pay more maintenance as a result of this kind of change in circumstance.

duchy wrote: »

Why obviously ?

They are married and all assets which include two houses and a business will be joint marital property .

She may be in a position to keep the house outright and him keep the other house depending on the equity situation of both and the valuation of the business.

Child support is entirely separate to division of marital assets -although her portion of the division may be larger because she has the children living with her (as husband wants her and the children to vacate)

Her new relationship isn't relevant (nor is any relationship the husband may have also formed either)-and there is no reason why she should expect a new boyfriend to pay her rent if they are not living together (which they currently aren't)

Tashatutuw

DUTR wrote: »

It's little different to posters like you assuming any other way either, we only know what has been posted , and forum experience suggests OP's post only a favourable side of the story.

Actually, I didn't assume anything I gave an opinion on where the OP could direct his girlfriend to find information. So before making a judgement about me and posters 'like me' as well - read my post properly.

heartbreak_star

Me and OH cohabit, are not married or engaged, and we are in our 30s...to call each other boyfriend and girlfriend would feel silly.

Therefore "partner" it is. Simples!

OP, I hope you get this sorted, it sounds a bit of a mess

HBS x

DUTR

Tashatutuw wrote: »

Actually, I didn't assume anything I gave an opinion on where the OP could direct his girlfriend to find information. So before making a judgement about me and posters 'like me' as well - read my post properly.

And so did I, so try and find another way to get brownie points
perhaps the OP could seek a GF with less baggage?
After all, would you suggest your brother take on what the OP is entering? In fact don't answer that, I know I wouldn't , as Stu points out, there may not be as much spare cash floating about after all the legalities , so the OP may well have to dig deep himself .