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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 28133
Experience:  25 years experience of all aspects of family law
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Im currently going through a divorce, a marriage of just over

Resolved Question:

Im currently going through a divorce, a marriage of just over 18 months. The mortgage and deeds are solely in my name. The ex wife moved out 18 months ago and moved 240 miles away. I have continued to pay the mortgage and maintain the property since she left.
My question is can I move my new girlfriend into my home without fear of my ex being able to have her thrown out?
The ex has registered an interest in the property through the land registry via a solicitor soon after we seperated.
Thanks
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Stuart J replied 1 year ago.
Hello, I am Law Denning and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day today.

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.

How long have you owned the property?
Customer: replied 1 year ago.

Hi.


I have owned the property since Aug 2004. We married in July 2010 but co habited with me from Aug 2004. She has never paid a penny to the mortgage or any significant bills nor could she prove this

Expert:  Stuart J replied 1 year ago.
Does she have a matrimonial home right registered against the house or is she claiming anything from it? Do you have children?
Customer: replied 1 year ago.

We have 2 children aged 6 and 8.


I was sent a B94-1 "notice of an application for a home rights notice" shortly after she left from the land registry

Expert:  Stuart J replied 1 year ago.
I am going to opt out of this for another expert. The thread will now open to all experts. There is no need for you to do anything and please don’t not reply otherwise it comes back into my inbox. Another expert, with the suitable expertise, will be along shortly.
Expert:  Clare replied 1 year ago.
HI
Thank you for your question
I shall do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage.
What other assets and debts are there and what income do you each have?
Claire
Customer: replied 1 year ago.

Hi Claire.


There is approximately 94k of equity in the home. The outstanding mortgage was 39k at the time my ex left but that now stands at about 35k after the 18 months of mortgage repayments I have made since she left.


There are no other assests.


I have debts of around 10k, not sure about her situation, although she has moved house 3 times and changed her car twice since seperation.


My income is 41k in full time employment and I pay over the amount in maintanence that the CSA calculator gives for my 2 children.


I had a house prior to us co habiting which brought 70k of equity into the current property which became the marital home.


I have no idea of my ex wifes income but can say that she has had 4 different jobs since seperation. She does not appear to be living in any financial difficulties.


Also of note I allowed her to take whatever she wanted from the marital home when she left and stayed away while she emptied the house! I was advised to calculate a total for the items she took by a solicitor at the time and this was a few pounds short of 10k
.


Thanks


 

Expert:  Clare replied 1 year ago.
Hi
What is her current housing position?
Claire
Customer: replied 1 year ago.

she is in a private rented 3 bed home

Expert:  Clare replied 1 year ago.
Hi
For clarity I would confirm that there is every possibility that your ex will be awarded 50% of the equity in the property - yours was a medium length relationship (9 years) which produced two children - so the issue of her financial contribution is unlikely to be relevant.
However with regard to your specific question your girlfriend is entitled to move in if you ask her to and your ex cannot do anything about it unless she wishes to move back in herself.
I hope that this is of assistance please ask if you need further details
Claire
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 28133
Experience: 25 years experience of all aspects of family law
Clare and other UK Family Law Specialists are ready to help you

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