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Looking for some advice please.
Split with my ex wife 12 years ago. She remained in amrital home which i paid off and continued to pay 20 % of my wage. Kids are now 18 and 15. When my daughter turned 18 in july i then cut the maintance in september to half. She is now packing the kids up and sending to live with me and my fiance. We live in a teo bedroom flat with my fiances daughter who is 12.
Apparently she cannot live on 600 a month and vertially mortgage free. She works one day a week.
My name is still on the house and basically i am wondering what rights i have. I provided that house for my children and she theowing them out. Dont get me wrong i love my children and see them all the time but me and my fiance work full time . How can a 18 year old girl share with a 15 year old boy and 12 year old girl ???
Any advice would be appreciated as she is due to drop kids off later today.
Hi there
As you have a joint mortgage and both children are going to be living with you, I think you may be in a position to ask her to leave the property, or for it to be sold. However I'm not too sure of the legal implications, so I would advise that you take some proper legal advice on this.
Sorry I can't be more definite.
All the best
I've found this on the CAB website, you might find it useful.....it looks like you could apply for an occupation order, but again I would certainly get some legal advice on this. Some solicitors offer a free half and hour consultation which you might find useful.
Thank you for taking the time to reply.
She seems to think that it is her house as she has paid the mortgage for the past 11 years..... with my maintenance money i give her may i add!!!
So have now mentioned occupation order to her.
Whilst she sits it her perfect 4 bedroom house she will be driving round with kids and their cases at 5pm
So just need to get my facts right and she is one evil foul mouthed human being ....
Whilst your name remains on the mortgage, you have a stake in it, I'm not sure about percentages if it were to be sold, hopefully a solicitor will clarify your position.
If the children are now living with you, you are entitled to child benefit and working tax credits, for them both, also you can claim maintenance for them both too. Child benefit and maintenance are payable up until a child is 20 as long as they are in full time, non advanced education, college is considered non advanced. Had your ex contacted the CMS and opened a claim, she would have been entitled to a reinstatement of full maintenance for your daughter, which for two children is 16% of gross income.
Best of luck
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