Question on Occupancy rights

malkyh

Hi all,

I'm looking for some advice on occupancy rights.

Story is, I bought a house in 2003, moved my girlfriend in in 2005, had kids and married in 2008.

She cheated on me, and left me and I moved out temp until she sorted out a new house. That was in April. I have continued paying all the bills to keep the house on.

She has no financial claim to the house, only occupancy rights as she is my wife.

Now she has moved her new toy boy in and I am basically paying everything whilst she lives in happiness with her new man and I am sick of it.

I went through to the house the other night and tried to remove him but she called the police and I was sent on my way.

Legally, is there nothing I can do to stop him being in my house?

Angry_Bear

malkyh wrote: »

Hi all,

I'm looking for some advice on occupancy rights.

Story is, I bought a house in 2003, moved my girlfriend in in 2005, had kids and married in 2008.

She cheated on me, and left me and I moved out temp until she sorted out a new house. That was in April. I have continued paying all the bills to keep the house on.

She has no financial claim to the house, only occupancy rights as she is my wife.

As your wife, she may well ahve a claim to half the house as a marital asset. The divorce should sort that out.

Now she has moved her new toy boy in and I am basically paying everything whilst she lives in happiness with her new man and I am sick of it.

I went through to the house the other night and tried to remove him but she called the police and I was sent on my way.

Legally, is there nothing I can do to stop him being in my house?

I'm not sure, but I think technically you could move back in and there's nothing she could do about it.

However, I'd strongly suggest you take proper advice from a divorce lawyer!

Caz3121

malkyh wrote: »

I have continued paying all the bills to keep the house on.

She has no financial claim to the house, only occupancy rights as she is my wife.

Why are you paying all the bills
Mortgage yes as you will have a liability to pay it
Electric, Gas, Phone, Council Tax etc..get your name off the bills and let them pay

I think you will find she is your wife, you are married so, on divorce, the house going into the pot with all the rest of the finances and she will have a claim

See a lawyer, ask her to buy you out or agree to sell the house and split the proceeds

BigAunty

Are you the sole owner of the property? AFAIK, an owner, even a joint owner, has the right to take up occupation in the property.

I know that you've posted this in the relationship section but I think you ought to have posted it on the Housing forum as it's ultimately a property issue.

The Shelter website has a relationship breakdown section that can detail you and your ex's rights and options.

The Police are notoriously poor at understanding housing law, when a breach is a civil issue to resolve in the courts and when it is criminal. Perhaps they wrongly think that she is a tenant, for example, and therefore you require to have a court order for possession before you can enter or feel that you are committing some kind of harassment.

If you are advised by a legal expert that you have the right to take up occupation and the police action was wrong, then perhaps you can put in a complaint to the relevant police authority or ensure the next time you try to occupy it, that they don't make the wrong decision.

AFAIK, she does have a potential financial interest in the house and may be able to seek an occupation order in the courts that gives her the right to remain in the property until the youngest child turns 18. Seek expert legal advice about a divorce and settlement.

BigAunty

Caz3121 wrote: »

Why are you paying all the bills
Mortgage yes as you will have a liability to pay it
Electric, Gas, Phone, Council Tax etc..get your name off the bills and let them pay

I understand what you are suggesting but surely as it's his home, he is sending the message that it is not if he takes himself off all the accounts?

I'm just musing. He needs legal advice.

A non-resident parent is only required to pay around 15% of their gross income in child support to the parent with care of 2 children, I think, but there's nothing to stop the parents negotiating their own child support settlement.

malkyh

Thanks for your replies.

When we separated both my lawyer and her own lawyer have confirmed that she is not entitled to any financial gain from the house. This is because I owned it solely prior to meeting her. The deeds and the mortgage are in my sole name.

My (ex) wife is currently looking for a new house for her and the kids, and I plan to move back into my house when she has gone. This was stated in her solicitors letter to me.

What I object to is her basically having this guy in my house whilst I shell out £1100 a month to keep it going.

Just interested to know if I can legally prevent him from being in my house.

LilElvis

malkyh wrote: »

Thanks for your replies.

When we separated both my lawyer and her own lawyer have confirmed that she is not entitled to any financial gain from the house. This is because I owned it solely prior to meeting her. The deeds and the mortgage are in my sole name.

My (ex) wife is currently looking for a new house for her and the kids, and I plan to move back into my house when she has gone. This was stated in her solicitors letter to me.

What I object to is her basically having this guy in my house whilst I shell out £1100 a month to keep it going.

Just interested to know if I can legally prevent him from being in my house.

Why not ask your solicitor - he's the expert, not a bunch of strangers on an internet forum.

malkyh

LilElvis wrote: »

Why not ask your solicitor - he's the expert, not a bunch of strangers on an internet forum.

Just wondered if anyone here had ever had the same issue.

BigAunty

Why aren't you asking your solicitor this? Checking if they can start taking steps to legally evict her through the standard possession process of issuing notice and then taking her to court to enforce it if she doesn't leave by then, followed up by appointing court bailiffs to enforce this if the possession order is then ignored? That means it would all be over in 2-5 months, depending on whether the notice of eviction prompts her to leave of her own volition or she stays on until a bailiff comes and changes the locks, plus the waiting time for court appointments as a factor.

It seems you don't mind her being there until she finds a new place but are frustrated that she appears not to have made onward plans in the last 4/5 months?

Do you think she is deliberately stalling as she's quite comfortable being subsidised there? How do you feel about taking yourself off all the household accounts (bar the mortgage as obviously you don't want this repossessed or your credit record impacted)? Also, you need to see if your house insurance is invalidated in anyway by your non-occupation.

It is usually up to the occupier of the property to pay council tax (see the hierarchy of liability on your council website and whether or not your property might be classed as the type of HMO, house in multiple occupancy, where the landlord must pay the council tax). If you take yourself off the tv, telecoms, broadband, energy, water, council tax bills, this may save yourself around £300 a month.

And since you aren't there, why does his presence bother you?

BigAunty

malkyh wrote: »

Just wondered if anyone here had ever had the same issue.

You might get more comprehensive responses on the housing forum - there are people there with stronger housing rights knowledge.

malkyh

His presence bothers me as I bought that house myself in 2003. I have put 10 hard years into that place, paid all the bills, taken debts for home improvements (in my own name) and then my wife decides to cheat on me, I move out 'on a break' and then she has him staying in my house whilst I live out a suitcase at my mum's.

Yes, I feel hard done by and rightly so. Not to mention the fact that the new toy boy (not so much now) would call me up to gloat that he had just slept with my wife and had great pleasure in telling me what room and what positions. He's a sick puppy.