Can I Charge My Ex's New Boyfriend Rent?

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Can I Charge My Ex's New Boyfriend Rent?
P.H asks

My partner and I have a 3-year-old child and we are separated. She and our child are living in the property that we both jointly own.

She wants her new partner to move in with her, however, I am financially struggling in my new home and was wondering if I could treat him as tenant and charge rent? If I do, could there be any legal recourse if he does not accept?

Joint ownership complicates matters

If you jointly own the property with your ex, you both have a stake in it. The exact split of equity may not have been formally agreed, but in practical terms she has as much right to live there as you do.

That shared ownership creates a problem if you want to charge her new partner rent. He would not be your tenant. He would be living there as her guest or partner, in a home she part owns.

Whether she can invite someone to live there without your consent may depend on the terms of your ownership arrangement and any court orders relating to your separation. Without a written agreement between you covering who can occupy the property and on what terms, demanding rent from someone she has invited to live with her becomes difficult to enforce.

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Could his presence affect mortgage payments?

If you and your ex are both contributing to the mortgage, her boyfriend moving in does change the household finances in one sense. Another adult will be living there, potentially sharing costs with her.

You might reasonably argue that if he is contributing towards the mortgage or household bills, your own share of the payments should be reconsidered. However, you cannot unilaterally reduce your mortgage contributions simply because someone else is helping with expenses. Any adjustment would need to be agreed between you, ideally formalised through a solicitor.

There is no automatic legal mechanism that forces her to renegotiate simply because her circumstances have changed. That said, a change in living arrangements could become relevant if there are ongoing financial matters from your separation, particularly where court orders are involved.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

What are your realistic options?

The most practical approach is to have a direct conversation with your ex and try to reach an agreement you can both accept. This might cover:

  • Whether her partner will contribute to mortgage payments or bills
  • How any additional contributions affect what you pay
  • Longer term plans for the property, including whether to sell

How well this works depends on your relationship with your ex and how willing she is to discuss arrangements openly. If direct communication is difficult, putting proposals in writing may help keep things clear and reduce misunderstandings.

If you cannot reach agreement, you may be able to apply to the court for a Property Adjustment Order, which could determine how the property is dealt with going forward.

Get legal advice first

Before raising this with your ex or making any demands, speak to a solicitor who handles family property matters. They can explain your actual rights and help you avoid steps that could backfire. Bring any joint ownership documents, mortgage statements and court orders from your separation.

If cost is a concern, you may be able to get initial guidance through a free legal clinic or Citizens Advice. Some family mediators can also help you and your ex reach agreements about property without going to court.

In summary, charging rent directly to your ex's new partner is generally not feasible when the property is jointly owned. But there may be other ways to adjust the financial arrangements if his presence changes the household setup.

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Ask Separated Dads a Question
SeparatedDads Editor 22/05/2026 at 9:16 am
@Jonathan Honestly Jonathan, this sounds less like a rent issue and more about contact being squeezed by your ex. You need to apply to the family court for a Child Arrangements Order, which can set out proper midweek contact, holiday time and a shared schedule for her passport. Mediation has to come first (MIAM) but given how restricted you are, it's the right route. Keep a written log of every refused call and missed visit, it'll matter if this ends up in front of a judge.
Jonathan 30/05/2024 at 6:06 pm
I have an eight year old daughter. Her mother is Polish and we were together for 14 yrs. Sadly we split up three years ago mainly to my ill health as a result due to botched surgery.
My ex-partner has since met with another partner and I am only granted access to my daughter from Saturday afternoon until Sunday evening every other weekend. I am only able to speak to my daughter on the phone when her Mother allows. Despite the fact that I only live 5 minutes drive away and am close to her school, I am not allowed to have her during the week.
I love my daughter very much and she loves me too, however my ex-partner seems to want to distance me from her whereby I am not allowed to take her on holiday or indeed sight her passport.
On the other hand my daughter is taken overseas with impunity at half term, Christmas, Easter etc. sometimes for a prolonged period. In fact last summer I only saw my daughter over the summer school holiday for two days.
I feel absolutely helpless and sad.
Any constructive advice would be most welcome.
preciouskurlan 24/03/2021 at 1:06 pm
Will it hurt my case if I move out before filing for a divorce?
Can I force my husband to leave?
Can I make him move out of MY house before the divorce?
Can I stay in the house during the divorce?
Can he keep coming back to take things from the house?
He wants to take community property from the home before our divorce.
Can he lock me out of the house because I left?
What if he threatens to press charges if I enter the house?
Can I make him leave if the house is in my name?
Can I change the door locks after he's moved out?
How can I stop the security company from giving him the code?
Can he move right back in if I get the house?
Can we just keep the house as joint owners?
Can we live in the same house after the divorce?
How does a common law marriage affect the home?
Who is responsible for the bills until the house sells?
Am I responsible for repairs if he made me move out?
What if he’s not making the repairs so we can sell the house?
How can I get repaid for repairs made to the marital home after divorce?
Can I deduct the repair costs from his share when we sell the house?
Am I obligated for half the renovations if he's living in the house?
Would I get anything if my estranged husband rents out our home?
How can I change our temporary house sharing arrangement?
How do I keep the home if we're only leasing?
Who gets the family home in a divorce?
Can I keep the home and have my ex pay the mortgage?
Can he keep the home just because I moved out?
What if I don't want the house?
Can I let him have the house if it was awarded to me?
Can I get the house if he declared bankruptcy and I'm on the loan?
Can he get the finalized divorce changed to take back the house?
Will a hand written note giving me the house hold up in court?
Will an email stating he can have the house stand up in court?
Is a divorce the only way to get him off the deed?
He wants to transfer the home to me as sole and separate property.
What if the deed is in my name only?
Who owns the home if I'm named on the deed?
Do I have any leverage if he was added to the deed after marriage?
He owned the home before we married but added me to the deed.
Can he make me leave if the deed is in his name only?
What if the deed is in his name and he paid the mortgage?
How do I remove his name from the deed and mortgage?
How can I get the deed transferred into my name?
How do I change the deed if the house was awarded by default?
Do we have to sell the house if it's paid for?
Does the house need to be sold right away?
Can I evict him from the house so I can sell it?
Can I sell the house without my spouse's signature?
Can I put the home up for sale without getting his permission?
Can he sell our house without my knowledge?
Can the judge force him to sell the home?
What if he's refusing to sign an agreement to sell the house?
Could he enforce the sale of the home this long after our divorce?
What if I can't sell or refinance within the specifi
marloo 15/11/2019 at 3:30 pm
I've been separated from my wife of 20 years for 2 years and I have moved out of the family home yet I'm still paying the mortgage and other running costs. Now the kids have left home she wants to move the boyfriend that came between us in and not charge him rent. She has not contributed to the mortgage and I feel it is unfair that this guy should get a free ride on my coin. Am I being unreasonable?
s 06/11/2019 at 10:47 am
my son moved out of the home he shared with his girlfriend and son over 2 years ago.moved in with us. He has continued to pay the mortgage (in his name only) and all utilities since. There has never been an issue with my grandson until now he has always come to stay sometimes 4/5 days a week. She is now restricting his stays to 1 night per week and alternative weekends. today he telephone his dad to say he does not want to come, as mum is saying dad is too busy to spend time with you ( he had recently started seeing someone, thought that has ended because of all the issues with the ex) the ex has had a boyfriend living with her for sometime and is now pregnant and not working. She is making all sorts of financial demands which my son cannot meet. He really need to sell the house but is not sure what rights she has?
Winnie 07/06/2019 at 11:39 pm
Is this forum just for dads ?
I’m a mum and after advise ?
Tazo 29/12/2018 at 4:31 am
Hi
I have been divorced for 2 years now and I had to move out the house for religious reasons so my ex lives in my house which was gifted to me by my dad after ower marriage and then a few years later I needed to pay someone so I remortgaged it, been making all payments my self.
Now she has gone and got married again the guy lives with her in my house, she dose not let me see my doughter even though I pay maintenance.
So the maintenance, mordgage and rent where I live is way too much for me, don't have any savings so cant go to court.
My question is can I get them to pay me rent or get out the house all together?
SeparatedDads Editor 07/09/2018 at 12:04 pm
Much depends upon whether there is a child arrangement order made through the courts that may have particular restrictions attached to it. Otherwise, there should be no restriction.
JoRo 05/09/2018 at 4:03 pm
My partner wants me to live in her home that is half owned by her seperated husband (not divorced). They have been seperated for well over 2 years. My concern is does he have a right to not allow me to live in the property?
SeparatedDads Editor 27/04/2018 at 2:43 pm
Only a court can sort such a matter out if your husband's ex will not respond. Your husband can self-litigate, , which will save on legal fees. If your husband is on a low income, he may get a reduction in court fees
Kelly 20/04/2018 at 4:01 pm
My husband owns a property with his ex girlfriend who he has 2 children with aged 11 and 8 and he is an active father.
The issue is that he wants out of the mortgage and so wants her to re-mortgage or sell the property because we would like to buy our property, the only reason this has come to a head is that she secretly moved a man in and as we found out about a month after we found that out she was pregnant and now has a baby with him.
The solicitor sent her a letter like she asked for and now has her head firmly in the sand and just said she never received the letter (she has now and still ignored it)
We were willing to leave the house alone as it is the kids house but now there is a new family there we thought he might not want to live in a house owned by an ex boyfriend but we were wrong.
We cannot afford the thousands of pounds that it will cost to take it to court and she won't let us in to do a valuation so we are stuck. Any advise?
Tigerfix 04/12/2016 at 2:33 pm
I split from my ex over 4 and a half years ago and have paid the mortgage and all utility bills since our split. She had promised to move out of he house for the last 2 years but something always happens. The house is just in my name and my ex hasn't worked for near on 15yrs. I've been in a new relationship for a year and finding it difficult to keep up with my old and new life. I don't want to put my 2 kids on the street and never would but think I've given more than enough time for my ex to find another place to go. I also don't want to lose the house bcos it is the kids family home. Am i able to rent it out to my ex so they can stay there but at least I wouldn't have to continue trying to live 2 lives? Serious replies please as my ex is a good mother and my kids are great and I just want the best way to do this which would solve both our problems.
SeparatedDads Editor 09/04/2015 at 11:18 am
@loyloy - you would need to take it through the small claims court. You will need to be able to prove that the money you gave her was not a gift, but a loan. Make sure you keep any correspondence (letters, emails, even texts) relating to this in order to back up your case. I hope this helps.
loyloy 06/04/2015 at 11:43 pm
My soon to be ex daughter in law had £6,000 of my only savings and £5,000 from my 92 year old mother to help them move house telling me over the course of a year it was needed to save her and my son's marriage. 5 weeks after they moved she kicked him out and refuses to pay back any money. She said my son had bad depression (we haven'tfound it to be serious) but found out she was messaging and flirting with another man. She has my 2 grandson's but my sons, who is at present is living with us, has the boys a lot. I suggested she sold the jointly owned house, cleared all debts and there would be plenty of equity for them both to rent good homes. She refused. I am I'll but have had to go back to work as best I can. Can I make her pay myself and my mother back?
Stevie 09/01/2015 at 7:58 pm
My ex wants to live in Spain with our 6(nearly7) year old daughter, we are still married and I obviously don't want my daughter going and I will fight as much and as long as I need to. My daughter doesn't want to go and would rather stay with me!! Any feedback would be much appreciated.
John 26/11/2014 at 9:44 am
My ex wife has moved her partner into our property. I can't believe she has streamlined him into my house (I owned it before we were married), he is not contributing anything, can I force her to sell it? I can't stand the thought of him taking over my kids, my ex and my house.
choene 30/09/2014 at 11:37 am
What must i do if the first child i was maintaining through pertenity test is not mine? The second child is mine according to pertenity test. The problem is the ex is using the money to pay her own loan. she is not working and she have a loan to pay. what must I have to do?
Stacy 28/09/2014 at 10:53 pm
My boyfriend owns a property of which his ex partner now lives in with her three children (2 of which are not his) does anyone know his rights? They have split for 2.5 years now, he still pays the full mortgage and wants his house back?
Jo Editor 02/09/2014 at 2:05 pm
@Tracey, I suppose it depends on whether the CSA included the rent in your income calculation, was it classed as income when you sent your earnings to them? Or is the house rental new and not under way yet?
Tracy 02/09/2014 at 2:01 pm
Ive been divorced for 5 years and getting married again and renting my house out can my ex wife claim tthe rent through the csa even though we did full and final settlement.
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