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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I live in my mortgage free house , still owned by myself and

Resolved Question:

I live in my mortgage free house , still owned by myself and my ex husband , house is up for sale and I pay all the bills, my ex husband has lived with his partner for the past 4 years. I would like my new partner to move in with me until the house is sold, however my ex has has now requested my new partner for rent ? Is he allowed to do this and how do I stand legally . After being married for 25years I still feel he is controlling my life
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Is there a court order in place regarding the house?
Clare
Customer: replied 3 years ago.
No court order , been up for sale for 2 years and waiting for buyer
Customer: replied 3 years ago.
No court order as no children . Thankyou
Expert:  Clare replied 3 years ago.
Hi
You could still have had a Court Order (and indeed could still apply for one if need be)
How much are you paying for Insurance/maintenance for the property?
Clare
Customer: replied 3 years ago.
I pay for the household bills water , gas electric , council tax etc... Approx £800 a month my ex husband makes no contribution . Thankyou
Expert:  Clare replied 3 years ago.
Hi
I do understand that but all of those would be payable wherever you live.
How much are the Insurance Water rates and Council tax?
Clare
Customer: replied 3 years ago.
This amount for these three bills amounts to £402. Thank you
Expert:  Clare replied 3 years ago.
Hi
You are fully entitled to have your partner in the property - your ex can only exclude him if your ex is physically in the property and you are not
The Occupational Rent issue is a difficult one.
Obviously on one level it is reasonable for your ex to say that it is unfair that your partner should have no housing costs because he is living with you whilst your ex is meeting housing costs elsewhere.
If there was a mortgage then it can be argued that paying that paying your ex's half of the mortgage was a form of rent.
In your case you can argue that £201 of the bills that you are paying are still your ex's responsibility - if the property was empty then they would still ned to be paid by you both - so by paying that you are indeed paying "rent"
Essentially this is a matter for negotiation between you- possibly using Family mediation (www.familymediationhelpline.co.uk)
I hope that this is of assistance - please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you