Hi All,
I was accused of domestic violence against my ex wife, daughter and controlling behaviour after an argument my ex wife created earlier this year regarding a facebook picture and who I am dating. Background is she accused me of things back in 2017, I divorced her during 2023.
Police arrested me and now under investigation for the last 6 months. Thus on bail and not able to return to my house.
My own background is a spend most of my time overseas in recent years in a professional job of responsibility requiring I pass DBS checks, thus my ex wife is trying to get me prosecuted which would lead to no support for mortgage payments in the house she is living in and inability to pay child support. Rather narrow minded.
The house is owned in my sole name and my ex wife had originally placed a home rights notice on the property without me knowing when we were married. I did not receive the letters from the land registry. After my arrest I removed the home rights notice as we were divorced.
My ex wife does own her own property with her mother but will not leave my property, thus I cannot return to the address due to the bail not allowing me to see her.
We did not agree a financial settlement as part of our divorce and I am arranging bail variation to offer / propose to her mediation. If she does not agree, then propose an exchange of Form E's.
I have started civil proceedings as she will no longer allow myself or my family to see our daughters for 50/50 child custody. She is trying to use the criminal investigation to delay agreeing all civil matters and had been written two a few things regarding re-establishing contact with the children.
Generally speaking, my ex wife is not proposing anything or wishing to move things forward. So myself and family are attempting to resolve civil matters as soon as possible by writing, suggesting mediation as mentioned and then finally court.
I had a couple of questions, would anyone be able to give me some advice on the following:
Q1) Is there any legal way to remove her from the property, considering she no longer has home rights over the property, consider children and her ownership of another property. Is their a eviction notice process or what would happen if I sold the house and she needed to move out.
Q2) If she applies for an occupational order to remain in the property, does the mortgage lender take precedent for repossesion and order of sale if I do not maintain the mortgage payments? I also don't expect I would be successful in applying for a occupational order as children are living with her, is that a correct view?
Q3) I anticipate she will apply for a non molestation order once bail finishes, can these be challenged and removed?
hi, either one of you can apply for occupation order, but chances are that she will be allowed to remain in FH. court could still order you to continue paying mortgage. you can apply to vary/discharge it.
as theres DV allegations and bail conditions, this would make mediation unsuitable and you can skip it.
if she applies for non mol, it will likely remain in place for 12 months, but you can apply to vary/discharge it. I have been supporting dads in court with finance and child arrangements issues, feel free to private message me if you need support.