Can my partners ex kick her out the house.

DUTR

duchy wrote: »

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.

Having several properties or business does not often equate to having lots of dispossable income, the 2nd property may well be mortgaged so probably gaining about £50/month if that, self employed does not equate to being rich either as there maybe high business loans and overheads to meet.

grubster5676

Many thanks to one and all for the info, my partner has since received a letter in the post this morning satating that her Ex will be returning to the matrimonial home on a given date in July, stating that keys must be made available for him, I dont know if this can happen but she will be seeking legal advice next week, anymore thoughts many thanks.

Mojisola

grubster5676 wrote: »

my partner has since received a letter in the post this morning satating that her Ex will be returning to the matrimonial home on a given date in July, stating that keys must be made available for him, I dont know if this can happen but she will be seeking legal advice next week, anymore thoughts many thanks.

Of course it can - it's his house.

In fact, if he had come on here, moving back in would have been advised. It concentrates the mind of the person who doesn't want to move on to have to share a house with the ex.

grubster5676

Mojisola wrote: »

Of course it can - it's his house.

In fact, if he had come on here, moving back in would have been advised. It concentrates the mind of the person who doesn't want to move on to have to share a house with the ex.

But obviously to do this he needs a court order, but would the courts not favour the ex wife and there two children ?

BitterAndTwisted

There's no obviously about it. He doesn't need a court order to gain access to or inhabit the house which he owns.

Mojisola

grubster5676 wrote: »

But obviously to do this he needs a court order, but would the courts not favour the ex wife and there two children ?

There wouldn't have to be a court order if the parents started behaving reasonably. The mother needs to face reality that she can't afford to pay the mortgage and the children's father isn't obliged to pay more than in laid down by the CSA.

He's got to face that he has a responsibility to the children and she's got to face that life will change now that they aren't together.

They were married so their joint assets with have to be divided between them, probably more in her favour as she is the resident parent.

grubster5676

Home rights includethe right:

[*]to stay in your home and not be excluded, unless a court order prevents you from being there
[*]to ask the court to allow you to return to the home if you moved out
He moved out off his own accord, now looking at the Citizens Advice, he must gain a court order to return back to the property.....Also


If you aren't a legal owner


You have home rightsif you're married or in a civil partnership but you aren't a legal owner ofyour home because your name isn't on the register of title or the title deeds.

If you are the only legal owner


If you're married orin a civil partnership and you're the legal owner of your home because onlyyour name is on the register of title or the title deeds, your partner has homerights.

thorsoak

thorsoak wrote: »

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?

You have not as yet answered these questions - it might help us give you constructive advice.

System

She will have the home rights but he (as the owner) doesn't need them and can move back in without needing to go to court.

Home rights effectively register your interests in the house and the right to live there

duchy

Of course he can move back in BUT legally there's nothing he can do to force his wife and children to leave when he does.