Can i just walk back in my house?

[Deleted User]

AnotherJoe wrote: »

Really? How much does one cost?

And when you lose the house and child will you say that?

Yep as can't afford it
She don't want a divorce
She paying my fee to get my custody drawn up to put my mind at rest!
All I want to know if we go and say what we want will it be agreed or will someone say it in the best interest if she lives with such person!

EachPenny

Summer17 wrote: »

Yep as can't afford it
She don't want a divorce
She paying my fee to get my custody drawn up to put my mind at rest!
All I want to know if we go and say what we want will it be agreed or will someone say it in the best interest if she lives with such person!

It's not called "custody" any more. It is really important you understand this, and why you need to seek advice from your own solicitor (independent of your wife's). If you are wise you will never use the word custody again ever.

The courts treat children as human beings with rights, not "cards" to be fought over. They take a very dim view of such fighting.

The first thing a court will consider in a divorce case is the safety, welfare and rights of the child(ren). This will include that they have an appropriate and stable home.

In many cases this is the home the child already lives in - which means the parent the child lives in usually needs to live in the family home.

This is where even the most amicable arrangement can break down - the parent the child lives with gets to 'keep' the family home whilst the other parent carries on paying for it. Thus the child becomes a fought over 'possession' rather than a human being with rights.

You should anticipate that at some point in the process your wife will decide it is necessary to give up the job (or change working hours) in order that she can be at home to look after your daughter who should live with her.

Go and see a solicitor (independent of your wife's one).

[Deleted User]

EachPenny wrote: »

It's not called "custody" any more. It is really important you understand this, and why you need to seek advice from your own solicitor (independent of your wife's). If you are wise you will never use the word custody again ever.

The courts treat children as human beings with rights, not "cards" to be fought over. They take a very dim view of such fighting.

The first thing a court will consider in a divorce case is the safety, welfare and rights of the child(ren). This will include that they have an appropriate and stable home.

In many cases this is the home the child already lives in - which means the parent the child lives in usually needs to live in the family home.

This is where even the most amicable arrangement can break down - the parent the child lives with gets to 'keep' the family home whilst the other parent carries on paying for it. Thus the child becomes a fought over 'possession' rather than a human being with rights.

You should anticipate that at some point in the process your wife will decide it is necessary to give up the job (or change working hours) in order that she can be at home to look after your daughter who should live with her.

Go and see a solicitor (independent of your wife's one).

Well we are going to get a solictor.
We gonna get drawn up that daughter lives with me. She get her every other weekends.

That all we wants. She staying in the house. She donsnt want the stress of looking somewhere to lives while in her new job at the min. Also she has no family here so all her supportive friends are around her. inc me lol
It seem i be better of finacilly moving out as only doing 30 week i get a lot of help.
We no plans to get devorce anytime soon. the house has little equity and i not fuss if she sells it and keep the money.

HampshireH

So where will you and your daughter live whilst the mother lives in the family home.

Is she going to contribute to you provising another roof over your daughters head as well as child maintenance?

Seems a bit short sighted. She wants to split. She does'nt want the responsibility of a child. She wants to stay. She wants to get on with her job.

She sounds quite demanding unless you are fairly well off and financially able to just walk away and start up again. Doesn't sound like you are based on the need for her to pay your solicitor fees.

If as you say she were to take the child 400miles away how would she work in her new job?

Maxi2011

In answer to your question about what the worst she can do with the house is - it depends on what your ownership is. Are you joint owners or Tenants in common?

If you are joint owners then you both own the property 50/50 and you both have equal legal rights to be there no matter how the other feels about it. So if you insist you’re still living there then legally there’s nothing she can do to stop you.

She also can’t sell or rent out the property without your permission.

agrinnall

Summer17 wrote: »

cant affod a solictor.

You can't afford not to see a solicitor, unless you want to give up both your daughter and your house. This is primarily a relationship issue with housing as a sub-issue, and your first priority if you want to get help from strangers on the internet should be to post on the Relationship board.

takman

Summer17 wrote: »

Deleted post

No it's not deleted it's all available on google; you shouldn't try and delete posts once people have replied.

Summer17 wrote: »

marrige is over! Wife ended it

We on good terms just that i'm having to move out of my own home with my daughter. No idea why she want it so much.
I want to stay but if i do she will take my daughter back to her home town. 400 miles away and said i will never see her again. So she hold the cards.
If i do want to move back later and she living here can i simply walk back in. we joint names on the mortgage.

Is there anything she can do under my nose eg sell the house from under my nose.

Just want an idea what the worst she could do really even thou i i think she never do anythinbg bad.,

EachPenny

Summer17 wrote: »

Not sure moving out with my daughter means i hold the cards as she can always take her away if things ever get toxic.

Summer17 wrote: »

my daughter did not choose. Wife want me to have her as she work away alot. She 2 years old. Is a consent order any good.We not intrested in a getting devorce yet. as she cant afford to buy me out and same here.
The wife want something drawn up as she worried i might get nasty later.
we both talking and still live together,

Summer17 wrote: »

Well we are going to get a solictor.
We gonna get drawn up that daughter lives with me. She get her every other weekends.

That all we wants. She staying in the house. She donsnt want the stress of looking somewhere to lives while in her new job at the min. Also she has no family here so all her supportive friends are around her. inc me lol
It seem i be better of finacilly moving out as only doing 30 week i get a lot of help.
We no plans to get devorce anytime soon. the house has little equity and i not fuss if she sells it and keep the money.

The thread won't make much sense without these ones as well.