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Can my partners ex kick her out the house.

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  • adouglasmhor
    adouglasmhor Posts: 15,554 Forumite
    Photogenic
    justme111 wrote: »
    Since when people who don't cohabit call each other "partner"

    I know a few couples like that.
    The truth may be out there, but the lies are inside your head. Terry Pratchett


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  • Mojisola
    Mojisola Posts: 35,574 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Rather than "Can my partners ex kick her out the house", have you considered "Can my partner afford to stay in the house"?

    If she can't, it would be better to have a financial clean break from her ex and start again.
  • Person_one
    Person_one Posts: 28,884 Forumite
    Tenth Anniversary 10,000 Posts Combo Breaker
    duchy wrote: »
    Quite a while.
    Drives me nuts.
    Partner seems to be the replacement word for boy/girlfriend in vogue at the moment even if the relationship is only a few months old.

    My fiance gets a glare if he uses partner rather than fiancee as we technically don't live together yet.

    Where is the rule written that you have to live together to call each other partners?

    Using boy or girl for anything justs sounds ridiculous once you're over about 25, and I don't think 'fancy man' or 'lover' are going to catch on for general use.
  • DUTR
    DUTR Posts: 12,958 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Mojisola wrote: »
    Rather than "Can my partners ex kick her out the house", have you considered "Can my partner afford to stay in the house"?

    If she can't, it would be better to have a financial clean break from her ex and start again.

    I was waiting for the next attack before pointing that out,
    As the habitant is not paying the mortgage then somebody has to, the ex technically may not be able to evict, but the lenders will want their money and the habitants circumstances will bear little against £1000s owed. Too many times we see it that the posters want it all their own way, mortgage and csa? and even then from some posts that is not enough.
    The system will ensure the habitants do have some sort of accomodation, it doesn't necessarily need to be where they are living right now.
    Sometimes lifestyles have to change, it is not always for the worse.
    With the OP on hand to offer emotional and financial support, it can only end up happy ever after surely?
  • nobbysn*ts
    nobbysn*ts Posts: 1,176 Forumite
    1,000 Posts Combo Breaker
    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

    The courts won't need to evict her. If he doesn't pay the mortgage, and she doesn't pay the mortgage, and you don't pay the mortgage, the mortgage company will repossess. Any excess from the auction sale will be put into the pot the divorce lawyers will fight over. Anything left after paying them will be split along with everything else. Tell your partner to get the better lawyer.
  • thorsoak
    thorsoak Posts: 7,166 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    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

    Some questions:-

    1. How long were they married?

    2. Is the husband the father of the two children (twins?)

    3. Does she work?

    4. Does she receive the child benefit?

    5. Is she in receipt of working tax benefit?
  • themull1
    themull1 Posts: 4,299 Forumite
    quidsy wrote: »
    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.

    I got married for the third time in December, i'm 45, i would never have used 'boyfriend/girlfriend, my 'partner' is 54 not 24!!
  • Better_Days
    Better_Days Posts: 2,742 Forumite
    I've been Money Tipped!
    I quite like the term 'partner' as I feel boyfriend/girlfriend is a bit daft when you are past your teens.

    Also the term partner is gender neutral and doesn't make any assumptions about the sexuality of the couple.
    It is a good idea to be alone in a garden at dawn or dark so that all its shy presences may haunt you and possess you in a reverie of suspended thought.
    James Douglas
  • duchy
    duchy Posts: 19,511 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Xmas Saver!
    edited 21 June 2014 at 4:58AM
    StuC75 wrote: »
    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 couple also own a BTL property so to automatically assume negative equity on both in the current economy is a bit far fetched ....and there is nothing to imply either way in the OP.

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

    Or not...just because the bloke cheated doesn't automatically make him financially clueless

    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?..

    The OP make it clear they have a future but he's not going to muddy the waters by living together until the divorce is settled which seems prudent for both sorting the divorce and for the children. As the OP can apparently afford to rent himself -it seems likely he could be contributing to a mortgage when they live together (if needed)

    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..

    Not sure what relevence this has here- Husband has moved in with the woman he had the affair with hasn't he ?

    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...

    Sort of obvious that one. The OP has already said they are planning a future together

    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.

    I don't see anywhere that the OP's GF is trying to increase her income -and again with two properties and a business as marital assets it's very possible she WILL be better off- also if the Dad is any kind of a man there will be child support too. The OP is currently paying rent so why you think he'd want to move in and not contribute seems to be a very odd assumption -again nothing in the OP to suggest this.
    I Would Rather Climb A Mountain Than Crawl Into A Hole

    MSE Florida wedding .....no problem
  • sharnad
    sharnad Posts: 9,904 Forumite
    She needs to see a solicitor quickly about getting what she is entitled to
    Needing to lose weight start date 26 December 2011 current loss 60 pound Down. Lots more to go to get into my size 6 jeans
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