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New partner has moved in...
#1
I am happily divorced but not financially and still own half the house she lives in with the children. Basically we can't agree on a settlement figure and the next step is taking her to court but I need a break as all the divorce and court stuff over the kids has worn me out... We divorced because she got caught having an affair and as much as it messed me up for a longtime I am actually quiet happy now. She is now with the bloke she had the affair with 2+ years now and as much as I knew he stayed at the house every now and then I get the impression now he has actually moved in...

My question is, can I charge him rent as I still own half the property.? And by doing this hopefully it will push her to up the settlement figure and finally get this finished and keep this out of court.

Update - I don't pay anything towards to house as she can afford the mortgage payments.

Look forward to your responses...
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#2
(04-05-2018, 06:24 PM)MrP Wrote: I am happily divorced but not financially and still own half the house she lives in with the children. Basically we can't agree on a settlement figure and the next step is taking her to court but I need a break as all the divorce and court stuff over the kids has worn me out... We divorced because she got caught having an affair and as much as it messed me up for a longtime I am actually quiet happy now. She is now with the bloke she had the affair with 2+ years now and as much as I knew he stayed at the house every now and then I get the impression now he has actually moved in...

My question is, can I charge him rent as I still own half the property.? And by doing this hopefully it will push her to up the settlement figure and finally get this finished and keep this out of court.

Update - I don't pay anything towards to house as she can afford the mortgage payments.

Look forward to your responses...

As you are not paying for it currently you can not charge him.

How it will work, if you follow this example
House Price 100,000 with a 10% deposit
You own 5% each, unless you can show it was money from before the relatinship used.

If you seperated 10 years into a 20 year contact, of the 45% you have paid, its 22.5% each (plus 5 from deposit).

Payments since then also affect thing, but in your case, its been the ex paying

Estimate todays value, and take off the mortgage settlement price today, including any costs.
Apply your percentage you own, to the current profit situations, and that is about what your due.

Note the days of who the children live with have gone. That is not considerd when looking at division of assets.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#3
Thought it was a long shot...thank you for your detailed response.
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#4
Similar to above question. I'm seperated going through mediation the house is solely in my name I put a 45k deposit down from sale of my own property. I am not living there and have not been for a year but have still been paying the full mortgage and insurances as well as child maintenance. Now the ex is saying she wants a 60/40 split and she isn't willing to help pay off the marital debts saying it's my hard luck as they are in my name due to her crap credit rating.
Does this sound possible that I could lose that amount of equity etc?
Finally I have a feeling she has a new fella already if I can prove he is staying in my bloody house can I stop paying the mortgage at all ?
Cheers all
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#5
(04-07-2018, 05:49 PM)Trimmer78 Wrote: Similar to above question. I'm seperated going through mediation the house is solely in my name I put a 45k deposit down from sale of my own property. I am not living there and have not been for a year but have still been paying the full mortgage and insurances as well as child maintenance. Now the ex is saying she wants a 60/40 split and she isn't willing to help pay off the marital debts saying it's my hard luck as they are in my name due to her crap credit rating.
Does this sound possible that I could lose that amount of equity etc?
Finally I have a feeling she has a new fella already if I can prove he is staying in my bloody house can I stop paying the mortgage at all ?
Cheers all

Whos saying at the house does not change the contract you have with the provider.

Again, follow my example on this thread, to take into account what percent your 45k paid for on the house.

All she is entitled to, is 50% paid in relationship, and since seperaton, pro rata any payments she has made.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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