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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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My partner wants me 2 move in with him but his house still

Customer Question

My partner wants me 2 move in with him but his house still has his ex partners name on the mortgage . He wants to go mortgage to buy her out but in the meen time am I legally allowed to live there . She does not and has not paid any of the mortgage .
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.

Thank you question.

I will do my best to help you but I need some further information first.
Does his partner object to your moving in?
Clare
Customer: replied 2 years ago.
Yes
Expert:  Clare replied 2 years ago.

Your partner is legally entitled to have you living there as his guest.
If at any time he is not here and his partner is then she can insist that you vacate the property - until your partner returns.
On that basis unless his ex is living at the property ther ei sno reason why you should not do so
Please ask if you need further details
Clare
Customer: replied 2 years ago.
If my partner has a mortgage in place to buy his ex partner out and she is not agreeing to sell it to him where does he stand with this. Can she force him to sell it on the market ? She hasn't lived in the property last 8 months and he pays the mortgage and all the bills in full.
Expert:  Clare replied 2 years ago.

How much is the house worth and how much is outstanding on the mortgage
How much has he offered her?
Clare
Customer: replied 2 years ago.
House is worth £150000 outstanding is £125000 no offer has been made yet
Expert:  Clare replied 2 years ago.

Provided he offers her half of the equity there should be no problem
It is unlikely that his ex will want to face the cost of starting a court case which will almost certainly result in your partner being able to buy her out anyway
Clare