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Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 13467
Experience:  25 years experience of all aspects of family law
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I wonder if you can help me , my Ex wife has been

Customer Question

hello , I wonder if you can help me , my Ex wife has been cohabiting in the FMH for the past 3 years with her now fiancée . my youngest is 11 and my eldest is 17 , how effective would a mesher order be seeing that the first trigger point of 6 months of ' buying me ' out has surpassed . she is working and so is her fiancée . I would really like my share of the Equity in the property , im now 50 , my Ex wife is 46 and her fiancée is 56 . i can understand if she was living in the FMH on her own I can understand the trigger points 6 months of cohabiting or marriage or when my youngest reaches 18 , but when she has actually been cohabiting with some one would the mesher order become ineffective ? cohabiting for 3 years and being engaged this is more of a stable relationship than being together and moving in together after 6 months . wouldn't common sense prevail here . I would like to move in with my girlfriend she also has a 11 year old daughter obviously if I moved in her ex bf who she owned the house with would want us to buy him out but I wouldn't be able to if i cant get the equity out of my current property
Thank You
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Submitted: 2 years ago.
Category: UK Family Law
Expert:  jusleen replied 2 years ago.
Hi if a triggering event is cohabitation then you can expect to seek the house be sold or for your ex wife to buy you out. If she does not then you can return the matter to court to implement the order. It is a prerequisite of any court application that parties attend mediation to resolve issues. Please refer the matter for mediation in the hope she attends and can get an agreement reached. If an agreement is not reached then the mediator will sign the form to enable you to make the court application. I hope this assists. Please rate the answer to enable me to be credited for my time. If you wish to continue our dialogue I am happy to continue for no extra charge. Kind regards

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