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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2545
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I'm separated and have been for 3 yrs now. I'm still in the

Resolved Question:

Hi I'm separated and have been for 3 yrs now. I'm still in the marital and my husband was the I've that left and his choice. We have since both met someone and are both again in serious relationships. He still pays towards bills and the house is owned jointly. However he has always dictated when my boyfriend can stay here with me. He says he only allowed to stay when the kids aren't here which is every other weekend and the odd other day occasionally if the children with him together. He has threatened to move back in if he finds he's stayed whilst are here and the children say they don't want him here either but that's only coz they know daddy doesn't like it as they both like my boyfriend and we have been on numerous holidays together and shared caravans etc! So what right does he actually have. He is with a girlfriend and she has her own place now. He still lives with his mum as well. Can he tell me what I have can do in my own house?
Submitted: 8 months ago.
Category: Family Law
Expert:  Harris replied 8 months ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Has there been a court approved financial settlement, if so what are the terms?

-Whose name is ***** ***** title of the property?

-How old are the children?

Customer: replied 8 months ago.
No nothing approved by the courts. Divorce just been no started. Children are 10 and 15 and the mo. Not sure how I find out whose name is ***** ***** title of the property. Would it not b joint as all purchased in joint names and everything bought together mortgage etc
Expert:  Harris replied 8 months ago.

You can check the title deed on the property here: https://www.gov.uk/search-property-information-land-registry

If it is in joint names you both have a legal interest in the property, but if he has moved out and you are solely occupying it, he cannot prevent you from having your partner at the property. In relation to the children, he can object to them having contact with your partner and there will need to be discussion on how this, if at all possible, will progress if he is a long-term partner.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

Customer: replied 8 months ago.
Hi thank u for that. With regards ***** ***** with the children he's fine with my boyfriend being here and we all go on holiday and share apartment/ caravan etc it's just in our joint property is refuses to let him sleep here when they here as well! It's seems to b a control thing and don't feel it's right surely that I can't have a say in my own house of which he walked out of?!
Expert:  Harris replied 8 months ago.

As you have a legal interest in the property and he is not excercising his right to occupy it he cannot dictate how you use it and whether your partner resides there or not. If your ex-husband is contributing to the mortgage he would be entitled to seek occupational rent as he is not enjoying the use of it, but other than this it will be difficult for him to attempt to exclude your partner from the property.

Customer: replied 8 months ago.
But does he have the right to threaten to move back in against my will?
Expert:  Harris replied 8 months ago.

As he has a legal interest in the property he can move back to occupy it at any time and this can only be prevented if you were to obtain an order from the court, such as an occupation order.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2545
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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