Can my divorce wife take my house

dazrs

To cut along story short me and my wife spilt up over 2 yrs ago it wasnt the best marriage and she left me in aload of debt and move to other side of the country with my 2 boys. She then met another fella and we got divorce within 6 months of splitting up, she basically got a house on benefits, he move in then there recently had a baby 4 months old. In the past well 3 times now I been trying get her name off mortgage each time failed she never paid it and wasnt bother about house when she move out, I cleared my debts due to my wages there still saying I couldnt afford it if I have a percentage rise, it also in negative equilty so cant sell. She now phones me saying she split up with her boy friend and moving back into the house she left as in her name, in the next few days, can she do this it benice to have my boys nr me, but I cant stand her and bring up someone elses kid, plus I have no where to go and a mortgage to pay to be kicked out my own house. Where do I stand?

Guest101

Why do u think ur being kicked out?

She's moving in. That's it. She's entitled to if u never split finances as part of divorce.

It's still your house too. And you don't have to bring up the 3rd child. Again who says u do? ( u can if u want to, but ur not obliged to)

dazrs

Well we really do not get on I couldnt live with her she said I have to move out as she couldnt stand living with me, why we got divorce pretty quick, the only thing I have to do with her is the kids. As for finances she left me in debt which I finally sorted and was 14k negative equity why we couldnt sell she already had that value a few times now, so I tried getting her name off which she agreed, but unfortunately cant there was nothing finicially on the divorce she could claim for.

Guest101

dazrs wrote: »

Well we really do not get on I couldnt live with her she said I have to move out as she couldnt stand living with me, why we got divorce pretty quick, the only thing I have to do with her is the kids. As for finances she left me in debt which I finally sorted and was 14k negative equity why we couldnt sell she already had that value a few times now, so I tried getting her name off which she agreed, but unfortunately cant there was nothing finicially on the divorce she could claim for.

Well you both have the same rights to the house.

She can't make you go
&
You can't stop her coming

[Deleted User]

Could you find a way to give her first months rent and deposit so she can live elsewhere?

I realise this may seem unfair, but it might be an alternative to living in the same house.

cheepskate_2

OMG...I cannot beleive the answers here.
If this was the man just upping and moving in, there would be uproar...
OP go and get yourself legal advice, the first 1/2 hour should be free. There is also citizens advice.
AND get legal advice about getting her off the mortgage or better still cut your loses and sell so your tie(apart g=from the kids ends)

Guest101

cheepskate wrote: »

OMG...I cannot beleive the answers here.
If this was the man just upping and moving in, there would be uproar...
OP go and get yourself legal advice, the first 1/2 hour should be free. There is also citizens advice.
AND get legal advice about getting her off the mortgage or better still cut your loses and sell so your tie(apart g=from the kids ends)

Ah, im a bloake, and i'd say the same thing to him too.

This isnt a moral judgment, its the legal rights of both owners to occupy the property at their leisure.

Getting her off the mortgage would be remortgaging and paying her the equity she is owed.

Selling would need the ex's consent.

CP26

If you didn't make a financial order after your divorce stating what would happen to the house (i.e. that you would live there, pay the mortgage etc and try to remove her from the liability) then she's just as entitled to be there as you are.

You will need to:
- get a mortgage in your sole name and pay her any equity she might be due
- let her take over the property and she gets a mortgage in her sole name and pays you any equity you might be due
- sell the property (or force sale through courts if she wont let you)


There is also an option of requsting exclusive rights to the property via the courts but I'm not sure if this still applies now that you're actually divorced and have been apart for some time. I think it's used more when one partner is perhaps abusive and refuses to leave for example.

Either way, you need proper legal advice and I'd suggest getting a financial order sorted out to tie off all your financial connections to her now that you're divorced.

If she does come back in you're going to need some way to settle who pays for what. She'd have to pay for rent / bills elsewhere so it would be reasonable to expect her to pay towards the cost of living back in the house.

Guest101

Furgitude wrote: »

She can kick you out until the child turns 16 if she is awarded sole custody then once the child is 16 she is entitled to half of the sale value of the house.

Nonsense. Absolute and total rubbish.

barbie_babe

When you divorced what was arrangment that was made for house on the financial part of the paperwork. I wasnt allowed divorce without money all sorted so i gather you made some agreement.
Please look this up if you cant remember.
As the court has made this part of the divorce agreement.

barbie_babe

Guest101 wrote: »

Ah, im a bloake, and i'd say the same thing to him too.

This isnt a moral judgment, its the legal rights of both owners to occupy the property at their leisure.

Getting her off the mortgage would be remortgaging and paying her the equity she is owed.

Selling would need the ex's consent.

buying her out needs her consent too she has to sign paperwork to release her part of house for x amount of money.