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Former Matrimonial ...
 
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[Solved] Former Matrimonial Home

 
(@carnegie)
Active Member Registered

Hi,

I am divorced. Me and my Ex jointly own our matriminial home. She has been with a new partner for two years and has been living with him in the pub he runs for a year.

The FMH is currently rented and we have not settled our finances yet. She is now saying she is moving back in FMH with her new partner and our children 6 and 10 and there is nothing I can do about it.

I believe that now she is in a relationship I have the right to sell the house. She is saying it is my responsibility to provide a house for kids and sh eis refusing to sell. I was of the understanding that what I pay for child maintenance is to cover accomodation also. I also believed that it is now his responsibility to provide for her and not for him to live in my old house.

Can anyone shed any light on this please.

Many thanks

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Topic starter Posted : 18/08/2012 1:54 pm
(@gordy71)
Eminent Member Registered

your resonsability is for child maintainance...not to provide a house for your ex wife to live in....your contribution to her is to cover your share of providing care for your children which includes the roof over their head...not extra.

i think your ex is out of order even considering moving another man into what was your family home...thats where you brought your kids home to start a life...if she wants a new ralationship she would be doing all of you a favour...especially the kids by selling the house and starting her new memories somewhere else.

i dont get on with my ex...but one thing i did set out with her was when she was in the home we made for the kids there was no boyfriend there when the kids were there...that was the home i made not for him to sit playing happy families in the home i made.

ReplyQuote
Posted : 20/08/2012 3:14 pm
(@Darren)
Noble Member Registered

I agree with the above when it comes to paying out more money, but I think that the children living in the former home is a good thing new bloke on the scene or not,it's where they grew up and feel comfortable. If there is a new chap on the scene then the children being comfortable is the most important thing.

Maybe an option is selling your share to her rather than selling the house on, or renting the house to her even if at a reduced rate.

Darren

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Posted : 20/08/2012 11:09 pm
(@carnegie)
Active Member Registered

Gordy, thanks you for the time to reply. I also find it strange that her new partner would consider moving in there. Her new partner does not earn a lot of money and it would seem that whilst she no longer wishes to be with me she still expects me to pay for her lifestyle and make up for her new partners financial shortcomings.

darren, thanks to you also for another perspective. I want my childern back to where they know and can be around friends and their school but I'm not sure it needs to be the same house. Sadly her and her new partner don't have a pot to P in and buying me out isn't an option.

Basically what I need to do is point her in the direction of some cold hard facts that she can read to believe that my offer of giving her and her partner two years in my house whilst I put my life on hold is fair and that if i wanted to be an A$$ I would get the courts approval to force a sale as she is with a new partner. Sadly I cannot find anything online to show her. She is reliant on her parents opinion of what is right and not cold hard legal fact.

I accept legally I dont have to give her a [censored] thing but I am prepared to give her and her new partner a chance to get themselves sorted out whilst also giving my children an opportunity to re integrate into the comminity where they grew up and miss terribly.

I can live with two years but I need her to know that I dont 'HAVE ' to do this its an offer of goodwill. She thinks I have to offer accomodation until my 6 year old leaves school otherwise im not a good father !!!

All usefull links greatly appreciated.

Thanks again.

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Topic starter Posted : 21/08/2012 12:02 am
(@dadmod4)
Illustrious Member

hi carnegie

Were you actually married (the term matrimonial is why I'm unsure) and if so, are you now divorced?

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Posted : 22/08/2012 12:55 am
(@carnegie)
Active Member Registered

we were married for 10 years and divorced december 2010.

Thanks,

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Topic starter Posted : 22/08/2012 1:48 am
(@dadmod4)
Illustrious Member

Thanks for that information. Did the divorce agreement say anything about the house - normally the financial side is settled at the same time as the divorce.

ReplyQuote
Posted : 22/08/2012 3:37 am
(@carnegie)
Active Member Registered

We haven't settled finances unfortunately. She keeps changing her mind every 5 minutes. It's totally open and I cannot control her going back to the house.

Basically her new life is a bitter disapointment. She hates working and her partner doesn't earn enough to support her.

The mortgage payments on FMH are much lower than any rent hence why she wants to move back there. I don't imagine for a moment they will be able to afford to live there actually and I suspect that they will fall behind on payments which will obviously have a detrimental effect on my credit.

I'm trying to find some web based information to support my theory that a court will grant me a sale order or whatever it is called to get her to understand that she can't force me to allow her to live there until my youngest turns 18.

Thanks,

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Topic starter Posted : 22/08/2012 1:08 pm
(@dadmod4)
Illustrious Member

I would suggest that you go to see the citizens advice bureau. I am reasonably sure you are right, I don't think a court can force you to keep a property, but the only danger I can think of is whether there would be any claim on the house if the children are living there.

ReplyQuote
Posted : 22/08/2012 9:55 pm
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