Bit of Advice - lodger & marriage breakup

mkmini81

Hi,

Just wondered if anyone could shed some light for me..... long storey short my partners mum and dad split up, he moved out of the family house. my partners sister and brother still live in the family home (over 18) and my partners sisters boyfriend lives with her. he pays board and the mother is happy.

Now after a lot of issues the dad wants to move back in (mum and dad arnt together) and wants to kick the sisters boyfriend out. He has stated it his house (mum and dad on deed & Mortgage) and he wants the boyfriend out and will get the police involved if needed.

Where does the mum stand with this as she is happy with the boyfriend in the house and the dad is returning after about 8 months of renting elsewhere?

Ozzuk

If it is his house and there are no threats of violence then he is fully entitled to live there (in my opinion). I doubt police will care. Let him move back in and try and come to agreement on the boyfriend.

Guest101

Either owner can ask give notice to the lodger.


Both owners are entitled to live in the property.

mkmini81

We know he has every right to move back in, the house is currently on the market waiting to be sold. Think he is just trying to throw his weight around. i didnt think the police would do much as the both own the house. its the case of 1 person saying yes and the other saying no!

Guest101

mkmini81 wrote: »

We know he has every right to move back in, the house is currently on the market waiting to be sold. Think he is just trying to throw his weight around. i didnt think the police would do much as the both own the house. its the case of 1 person saying yes and the other saying no!

1: consider how hard it will be to sell if he refuses to sign.


2: and the police would go along with the person who wants them excluded, rather than included. Otherwise what's to stop him moving in his new GF and Bill and Ben from the pub?!

mkmini81

ok think the plan for them both will be mediation as they cant sit and talk it over without it blowing up. with the sale part i can see this happening as at the min he pays rent and part of the mortgage so moving back saves him money. The mum was planning to move out but with the mortgage due to end in April and not being in the house i can see it being harder for her to set up viewings etc....

Guest101

mkmini81 wrote: »

ok think the plan for them both will be mediation as they cant sit and talk it over without it blowing up. with the sale part i can see this happening as at the min he pays rent and part of the mortgage so moving back saves him money. The mum was planning to move out but with the mortgage due to end in April and not being in the house i can see it being harder for her to set up viewings etc....

Don't set up viewings or accept offers until this is sorted.


Not only will it be a waste of time, it will waste other people's time (buyers, and their buyers etc.)

mkmini81

What i suggested... Originally he was happy to sign all the estate agent paperwork and get the place sold. Now it sounds like he wants to be back in and is popping up stating this and that job needs to be done before they sell trying to prolong the process.

It will be going to court soon for divorce so i think this will have to be the path she takes sooner rather then later.

Guest101

mkmini81 wrote: »

What i suggested... Originally he was happy to sign all the estate agent paperwork and get the place sold. - Even after this he could change his mind. Now it sounds like he wants to be back in and is popping up stating this and that job needs to be done before they sell trying to prolong the process. - He could prolong the process for years. Probably worth negotiating, even a 55% 45% split would leave both parties with more than a protracted legal battle.

It will be going to court soon for divorce so i think this will have to be the path she takes sooner rather then later.

Divorces can take years to sort out too. Unless they agree

RAS

They need to go for mediation.

Read JackRS's lengthy thread if you want an idea as to how long this might go on https://forums.moneysavingexpert.com/discussion/4556575

Dad has probably been told to move back in as possession is 9/10ths of the law.

Mum would be unwise to move out.

If there are threats, then the other party could check out a non-molestation order but that needs to be based on fact not whim.

nomoneytoday

Maybe he simply doesn't want to pay rent and a mortgage, when he already owns a house?