Parents seperatibg on bad terms who has the right to stay in the family home.

hannahroberts1985

Morning guys,

After a bit of advice for my sister. Long story short she found out her partner was having an affair, upon telling him the relationship was over he took a knife locked himself in the bathroom. He didn't do anything. He drinks a lot and is quiet emotionally unstable. He moved out after she asked him to a week ago but is not saying he will be moving back in Tuesday. They have a mortgage on the house 50/50. They have two children 1 & 4. Downs she have any rights to stop him moving back in until she has time to rent somewhere and move out?

Also I read the pinned posts and there were outdated links to websites with money advice etc. Does anyone have a link to an updated version of this.

Thanks for any advice.
Hannah

FBaby

Unless she can get a restraining order, ie. he is a danger to her/the children, there is nothing she can do. It's as much his home as hers, affair or not.

hannahroberts1985

That's what we though.

She's going to move out to my dads today before he returns tomorrow I just wanted to know if she had any rights as she has the children.

Pixie5740

It's not a given that the PWC gets to remain in the house when married couples separate so it's definitely not a given for co-habiting couples which is what I assume your sister and her ex were since you refer to him as a partner.

As joint owners each has a legal right to occupy the property unless a court order says otherwise. Both will remain jointly and severally liable for the whole mortgage payment regardless of who is living in the property.

Is the property owned as joint tenants or tenants in common? If joint tenants then your sister may want to look into having this changed to tenants in common now that the relationship is over.

Can your sister afford to buy her ex out or can the ex afford to buy her out? If neither can afford the property on their own then they need to get it sold asap. She doesn't want to end up as one of those people unable to move on with her life 6 years down the line because she is still financially tethered to her ex.

mademoiselle_2

Oh, wait just one moment. You say your sister told him the relationship was ended, and he got out a knife? And then locked himself into a bathroom?

I think your sister should be reporting this incident to the police, immediately; and then applying to a solicitor to get an injunction in place to restrain him coming anywhere near her again.

Men who pull out knives and go all Jack Nicholson/The Shining should not be let anywhere near a woman again - not to mention small children. It's pretty irrelevant that he didn't actually threaten her with it - the taking out of a knife, in response to a conversation about ending a relationship, is full of intended threat and harm, and should not be ignored.

She is probably hesitating about reporting it. That could be a BIG mistake. Please encourage her - report it.
Good luck.

unforeseen

So he got out a knife, went to the bathroom with the intention of self harming but didn't carry it out?

For all we know as we only have the OPs side this could have been the last straw in a domestic abuse situation perpetrated by the OP.

Robin9

unforeseen wrote: »

So he got out a knife, went to the bathroom with the intention of self harming but didn't carry it out?

For all we know as we only have the OPs side this could have been the last straw in a domestic abuse situation perpetrated by the OP.

We only have this third hand anyway - from the OP and not the sister,

fabforty

Is it a given that the children will be with your sister? If he has them, it may be best that he remains in the home.

hannahroberts1985

Thanks for the replies guys.

She has moved with the my dads house with the children. She doesn't want to live in the same house as him but when she asked for some time to get somewhere to rent and move out with the children he said he's coming home Tuesday and if she doesn't like it she needs to leave. Just with it being a bank holiday there is nowhere to get advice other than domestic abuse helpline and she didn't want to be there tomorrow when he came home. She is going to see a solicitor tomorrow.

hannahroberts1985

They own the house 50/50 not much equity and no real saving so the house will need to be sold and both find somewhere seperate to live.

Just wanting advice on if she has any right to stay in the family home with the children alone while she gets a rental sorted.

unforeseen

She has exactly the same rights as he has so if she is not happy being there when he is then it's up to here to take action to solve the issue.