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Family home worth approx £320k, 2nd property approx £380k. Do not know how much is outstanding. 2nd property purchased late 1990s was initially % only, then changed to buy to let when family home was bought 2005. Wife works FT £30,000 pa. Ex husband unemployed. No other assets. Wife just wants to keep ex husband away from family home/children until some kind of settlement can be brokered.
he calls once a week and speaks to her eldest son. he claims he will return in november. mediation sent him an email in the summer detailing her wish to settle or get a mesher order, and he did not reply, so they closed the case. we thought we could get the mesher, (i am her partner), 'behind his back' so to speak, for the sake of protecting the family home for the children. however, it turns out that ANY legal procedure requires dialogue/consent from the ex, which never occurs. sorry it's all a bit of a mess...
No. That is our ultimate aim, but firstly, we just want a safe environment for her & the children. My partner has attempted to take on the mortgage of the family home solo, but been refused. Add my salary to hers, (and we thus cohabit), and it could be done. Of course, ex husband would have to agree...and history suggests he would refuse. Stopping his return to the family dwelling is the chief priority.
The wife petitioned, probably citing unreasonable behaviour, (alcoholism/domestic violence/unfit father etc). He did not respond, did not seek legal representation. His only input was to convince her to settle the finances privately. Decree absolute was Jan 2012. Since then, they continued to co-habit, (seperate rooms), whilst she holds down a night shift job, paying all the bills/mortgage - he has no job - but his behaviour led her to seek a restraining/occupation order which came into effect sept 2013. We understand an extension to the order is impossible as he has not been a threat for 12 months, but we fear he can simply walk back into the house.
Thank you Clare, for more or less confirming what we thought would be the next step. We hope to settle privately, but it seems we have to wait for his return, then get the court timetable in motion. Many thanks for your patience and attention to detail.
Sorry, what is this 'further order' that my partner can apply for if the ex attempts to re-enter the family home?