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History: Home UK Divorce Forum
Topic:
Advice (6 Posts)
Started By:
Date:
02 October, 2017 09:56PM
Advice
Krishall1988 - 02 October, 2017 09:56PM
Hi everyone,

So I found out almost 2 years ago my wife had cheated I left the family home and allowed her to carry on living there until she got herself sorted, for her now to refuse to leave. My stupid fault yes I know. Haha. The house is in my sole name and she isn’t in a position to be able to afford to live in the house so I as I have been for 18 months now have to pay the mortgage myself as it will be me who will default on the payments.

I have been advised that I cannot Just pack all her belongings and kick her out with us haveing two children, but I am hnable to move on with my life and get my own place because I am hnable to afford to pay for two places.

Surely there has to be a way for me to get her out of the house?

Any information or advice would be massively appreciated.

Kris.
Re: Advice
HatMan - 03 October, 2017 07:25AM
Well...a lot will depend on who is taking responsibility for the children, if she is taking care of them you will not be doing any kicking out at all...and nor will you be getting much of a share of the property.

You need to see a solicitor but brace yourself for some bad economic news.
Re: Advice
Krishall1988 - 03 October, 2017 07:57AM
I understand this is the case and am not wanting just kick my children or my ex out on the street what I would like to know is there’s got to become a point where I have to be able to get on with my life I told her she can have the lot I’m not interested in any financial benefit just want to be able to sell the house and move forward with my own life think that’s not asking to much. Feel as though I have maybe used the wrong terminology “kick her out” basically she cannot afford to live in the house I’m paying for and I am unable to move forward with my life there’s surly got to be a way?

Thanks for the comment hatman
Re: Advice
davidterry - 03 October, 2017 09:45AM
Your wife is living in the house with two dependent children. She has been living there for two years and that has been financially sustainable for the last two years. Therefore you are not going to be able to force a sale unless you can satisfy a court that the housing needs of your wife and two children can be met if the house is sold. The notion that you can kick her out and move in yourself is fanciful. It is not going to happen.
Re: Advice
Krishall1988 - 03 October, 2017 09:59AM
So in this situation I have to continue to sleep as and where I can until she is happy to move out? Surly this cannot be the case? I understand where you are coming from in terms of the children’s housing situation but surly there has to be somthing that says she is living beyond her means and that I cannot move on with my life because I’m having to financially fund that property? I pay child maintenance of £700 a month on top of the mortgage isn’t that supposed to go to paying for a suitable roof over the children’s heads. If so and I am paying the mortgage for the roof over there head should the amount of child maintenance be reduced? Surely she can’t have it both ways?

Thanks again for the advice guys I know it may sound like I’m trying to get out of somthing but that’s really honestly not the case.

Please keep the advice coming.

Kris
Re: Advice
davidterry - 03 October, 2017 10:35AM
Well, IF you sought a divorce and settled all the financial issues formally and finally in those divorce proceedings you would almost certainly not have to pay the mortgage and child maintenance. In that case if your (ex) wife continued to live in the house she would be expected to pay the mortgage from the child maintenance which you paid her. You would not have to pay both. After all, paying the mortgage so that the children have somewhere to live is actually child maintenance.

But you need a divorce and a court order to get to this situation. As things stand at the moment if you do not pay the mortgage the mortgage lender will come after you and if you do not pay child maintenance your wife can go to the CSA (or whatever it is called now) to compel you. Within the context of a court order obtained in divorce if the present situation continued your (ex) wife would be expected to pay the mortgage and to indemnify you against all liability under it. You would not have two parallel liabilities as you have now.
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