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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2849
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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We would like to know how to remove my partners ex from the

Resolved Question:

We would like to know how to remove my partners ex from the house in name
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

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

-Are you in England or Wales?

-Is the property held as joint tenants or tenants in common?

-Are/were they married to each other?

-Is it solely in their names?

-What is the value and outstanding mortgage?

Customer: replied 1 year ago.
Hi Harris
The remainder of the mortgage is about 75k and the value of the property is about 80k My girlfriend agreed with her ex to re-mortgage to buy his mother out she also has been paying the mortgage and bills on her own for over 2.5 years.
Customer: replied 1 year ago.
she co-owns the property with the ex he moved out 2 years ago hasn't paid a penny and she wants a divorce. we want to continue with the house after removing him.
Expert:  Harris replied 1 year ago.

Are you in England or Wales?

Customer: replied 1 year ago.
England
Expert:  Harris replied 1 year ago.

-Are/were they married to each other?

Customer: replied 1 year ago.
Expert:  Harris replied 1 year ago.

Thanks for confirming. As part of the divorce they will need to reach a financial settlement approved by the court otherwise she will be at risk of a financial relief claim by her indefinitely which will only end if she remarries. Such an agreement can include provision to deal with taking his name of the property.

Initially this should be attempted through mediation - you can find independent mediators here: http://www.familymediationcouncil.org.uk If a settlement is agreed this can be submitted to court under a consent order (together with a D81 form outlining your respective financial positions).

If mediation does not progress she should then proceed with an application to court under Form A for financial relief once the divorce petition has been issued.

They will both need to provide each other with full and frank financial and income disclosure, as well as disclosure of their reasonable needs. The Court's starting point is a 50-50 split of all matrimonial assets and ensuring that both their needs are met in relation to both assets and income. For your information the criteria considered by the court in these matters is:

1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;
2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
3. The standard of living enjoyed by the family before the breakdown of the marriage;
4. The age of each party to the marriage and the duration of the marriage;
5. Any physical or mental disability of either of the parties to the marriage;
6. The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;
7. The conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;
8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.

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

Expert:  Harris replied 1 year ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.

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