my partner has left me ,and taken our daughter aged 3 ,she is due our second child in november .i have been left with the mortgage and the house ,(sounds ideal !) i make sure i give her £100 per week for childcare ,mutual agreement .she says she doesnt want the house ,and when we can move our mortgage in february she wants buying out .
has she a legal right to turn it around and move back in and kick me out ,if her decision to leave backfires?? since she has left , i have spent a fortune on the house doing it up ,would the courts take her side ,because she has a child??? she left me ,im paying all the mortgage ??? any advice would be good many thanks
2007-07-03 21:38:20 · 9 answers · asked by shoopy213@yahoo.co.uk 2 in Business & Finance ➔ Renting & Real Estate
I think you should take legal advice on this matter and if possible get her to put this agreement in writing. Things may be relatively amicable now but in order to ensure they stay that way, and everybody knows where they stand, it's best to have a legal agreement.
2007-07-03 21:47:47 · answer #1 · answered by gerrifriend 6 · 0⤊ 0⤋
Unfortunately for you but fortunatley for her she can move back in anytime she wants and chuck you out. You only have your word for it that she left the house of her own accord. She could say you threw her out and it has taken this long to get back in.
The courts will look after the children and they will say that they are better off in the family home.
It doesnt matter how much you have spent on the house, if it is in joint names, you are both liable. However, if it is in your name only, you can sell the house and then she would have to move on.
Be very careful though, think of your children and what is best for them. Being in the family home will help with the seperation anxiety your daughter will undoubtedly be suffering.
2007-07-04 05:13:22 · answer #2 · answered by Dingle-Dongle 4 · 0⤊ 1⤋
hope you have kept receipts for all the work and mortgage payments you have made.
with regards to her changing her mind, the mortgage is in joint names, so the house (and outstanding debt) is as much yours as hers, the difficulty is that she has custody of the child, and the welfare of the child is usually the defining factor in any marrital disputes.
think you really need the advise from a solicitor, phone around your local area, many do a free 1/2 hour consultation.
2007-07-04 04:51:23 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Its a bad situation all around...
But my uncle went through a divorce, and he made sure he made her sign for EVERY payment she ever received, so when it came time to goto the courts, her denial of payment / care received held no water.
As for all the other stuff, I can't help you there....just thought I'd make one important point.
Hope you get to keep the house, and that you find a much better woman.
Shame children are involved.
2007-07-04 04:44:58 · answer #4 · answered by Anyone Know? 2 · 0⤊ 0⤋
Get signatures for all the money you give her, legally she can come back but cant kick you out, if she wants buying out it means she has no plans to come back but you would have to remortgage the house to give her half of its value and that goes for everything you own - it all gets halved in divorce but see a lawyer for legal advice. Is she working? if not is she telling the DSS that you give her £100pw?
2007-07-04 04:57:13 · answer #5 · answered by Jackie M 7 · 1⤊ 0⤋
You need to consult with an attorney ASAP, because what you are asking goes FAR beyond a general credit question. Your rights need to be protected, not just in the home, but for the children.
2007-07-04 07:56:31 · answer #6 · answered by Expert8675309 7 · 1⤊ 0⤋
I would run, not walk, to your attorney and get some legal advise right now. This is a stinking situation that could turn bad real quick if she got some advise from someone detrimental to you.
2007-07-04 08:41:05 · answer #7 · answered by cowboydoc 7 · 1⤊ 0⤋
Are you married? If not, she can't steal the house from you if it's just in your name.
If you're married, contact a lawyer.
2007-07-04 07:57:36 · answer #8 · answered by Cookie On My Mind 6 · 0⤊ 0⤋
Are you two married? That might matter.
2007-07-04 04:45:32 · answer #9 · answered by Kaye00 1 · 1⤊ 0⤋