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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33283
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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Hi, hoping you can advise please.9yrs ago approx. my

Customer Question

Hi, hoping you can advise please. 9yrs ago approx. my partner was living in his property and had a lodger, then his daughter moved back home with boyfriend at that time. Also his (separated) wife took legal action to claim her share of the house, which completed & she had her share. Daughter & boyfriend split but still stay at the house but in separate rooms, then he started staying with me more than at his house and now full time. In past though the lodger left & his separated wife moved in and makes payments for staying there. She has now started to be funny re what she is being asked to pay. What can my partner do if he wishes for her to leave and she refuses. Does she have right to still be able to stay there. There has never been a rent book or anything. Also can she have claim on the house as the divorce never finalised once she got her share of the money.

because originally it family ie) his daughter living back at home and paying her way he did not class it as an income, can he now get in trouble for that? What rights does his wife have please

Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
How far did the divorce actually reach and what legal action did his ex take?
Clare
Customer: replied 2 years ago.
Hi Clare. The divorce did not reach the decree nisi stage. She made arrangements to sell the. House so she could have her share, so my partner remortgaged (solely) paid again mortgage arrears and she had her share of equity. Then nothing else happened after that. As she had her money. (My partner annoys me as he don't acti stuff) I have always had fear of her having claim as they still married but my partner just completely ignored me. But he was due in court for repossession of the property due to mortgage being in arrears and and additional date was set to reposess due to a secured loan, which I have just bought all of that up to date. It is so messy. I want to be able to say to her she has choice, which is pay or leave, but I am scared of ant consequences which may follow. I have my own sole mortgage too.
Expert:  Clare replied 2 years ago.
Hi
How much is the house worth and how much is outstanding on the mortgage and the loan
How much did he pay his ex?
Clare
Customer: replied 2 years ago.
I have paid the loan off completely so that no longer exists. House in need of repair so house value £130.00 approx I reckon. Mortgage left is £59k with 10years left. The wife's payout before was about £20k
Expert:  Clare replied 2 years ago.
Hi
What were the figures at the time of the settlement
Clare
Customer: replied 2 years ago.
I he can't remember now. His new mortgage he took out was originally about £87000. He paid her £20000 and she took anything she wanted from house. The house value at that time I'm unsure and he don't have the old solicitor papers 😞 the secured loan he took out was £10000 to repay me as he just confirmed cause I had paid the old mortgage arrears and he had about £2000 to pay his share towards his other daughters wedding
Expert:  Clare replied 2 years ago.
Hi
When was the loan taken out?
Clare
Customer: replied 2 years ago.
The loan was taken out originally November 2008
Expert:  Clare replied 2 years ago.
Hi
Could your partner move back there - even just temporarily?
Clare
Customer: replied 2 years ago.
Yes he could move back there, no spare bedroom, but if we split up he would obviously go there. Please advise also what would happen if he did not go there.
Expert:  Clare replied 2 years ago.
Hi
The problem is that the property remains the former matrimonial home and as such his wife (which she still is) is entitled to return there despite the fact that she is no longer a joint owner.
His first move is to get the divorce proceedings underway and completed as soon as possible which will remove her latent Matrimonial Home Rights in the property.
Once they are removed it should be easier to make her leave - but the fact that she has paid rent does give her rights - but lodgers have fewer rights than tenants and it will be easier if he is back in the property
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.
Mmmmm I Have always been telling my partner that in the situation he is in, she (wife) still have claim again if he sells the house. Am I right on that?
Expert:  Clare replied 2 years ago.
Hi
She has a potential claim within divorce proceedings - there is no guarantee that the court would award her anything - but yes there is a risk
Clare

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