Evening all,
My ex and i separated 2.5 years ago (3 kids), for all that time shes been living in our family home with her boyfriend and ive been paying the mortgage ( mortgage is solely in my name) and my rent in a separate house. When we separated she made a lot of false claims of manipulation by coercive control, controlling by money etc... We went to court for custody of the kids and I was rewarded 50/50 which is great and she had 0 evidence to back up any of her claims, she is very volatile.
Things have settled down now in some sense and I have moved onto trying to sort finances. She has suddenly moved out of the family home and is living with her boyfriend.
I have several documents where she has stated she no longer lives there, but has told me if i enter the family home ( that she doenst live at) she will call the police etc...
What are my rights here? part of me thinks i should go in change the locks, and stick it on the market, but i dont know legally where i stand.
I will of course be put through the emotional ringer, the kids have already been told they had to move out because i was trying to sell the house from underneath them, putting them on the streets etc.. they are wising up to it all now though.
hi,
are you able to discreetly check if house is actually empty? if it is and you have homeowner rights then it should be ok for you to go there. have you had any discussions with your ex about the house, does she just want to leave it to you, or does she want some equity from it?
Hi
One thing to consider especially based on the allegations made is that she may apply for an occupation order that allows her to remain in the property (max 6 months then extended for further 6 months) thus making it difficult for you to sell (especially if kids live with her).. Yes, even none owning cohabitants can apply for an occupation order. If she has made these allegations she may have already sought legal advice (she would get it free under legal aid due to her claims) and therefore may be a step ahead in knowing what her rights are.
This is a complex area of law and id consider obtaining legal advice in order to secure access to your property, officially have her move out and for you to sort your finances out...
All the best...
As the above poster wrote. Occupation of a home and the rights of the owner are complex areas. Seek legal advice ASAP to ensure that all your actions will follow the law and not cause delay.
I agree that you need legal advice. She is probably entitled to a share of the equity when the house is sold. It would be better to sort that out in advance of putting the house on the market.