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Hi there.
My girlfriend and I both came into our relationship from bad marriages, mine was physically abusive, hers verbally. and there are two girls on her side aged 7 and 10.
I own this house, through a mortgage, and my ex wife (still separated, hoping for divorce this year as it will be 2 years). lived here for a year, but she is not on the mortgage, nor on the deeds, nor did she note an interest when we bought 3 years ago.
We re deciding whether to live at my girlfriends, girls are used to it, but it iscold and a bit damp, there is no mortgage and is in both her and her ex husbands name, or to live here.. I did discover that without my knowledge my ex wife had plaved a lean through the land registry on here. when my fixed rate expired and i tried to re-negotiate a new longer term fixed rate, im now on variable, which has angered me.
So basically if we move the kids in here (they are the number one priority, there dad is a drinker and his parents are really really interfering, continually covering up for his mistakes, and doing stuff for him)... can we be sure if residency, or can my ex wife make us homeless? or should we look at continuing where they live.
Might be worth getting some professional legal advice, but the way I see it, if you move your partner and kids into your home, then a court will be less inclined to make you leave. I presume your partner's house is owned - might be worth getting everything sorted out with that, and then renting it out - that way you have a fallback, and the rental income will pay for the cost of any loan you need to take out to sort out the issues. And you're all then living in a warm house, with no hassle.
As has been advised, I would definitely seek proper legal advice on this, but it's my understanding that even if your ex wife isn't on the mortgage, as you were married she still has a claim on the property and any other assets that you have such as a pension.
In the meantime time though I agree with actd, if you get them moved in and settled the court would hopefully take this into account when the time comes to sort out the divorce.
All the best
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