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Need advice please!

  • ingrid74
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16 Aug 09 #138934 by ingrid74
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Hi I am new to this so please bear with me! I have been divoced now for 18 months, seperated for 3 years. Our 8 year old daughter has just decided that she wants to live withher Dad. I am still living in our home, which we purchased together but I never put my name on the mortgage. My ex says I now have no legal rights to stay in the house even though I have paid all the mortgage on it for 3 years. Is this right? Many thanks

  • Harley7
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16 Aug 09 #138947 by Harley7
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Welcome Ingrid

Can I ask when you divorced surley there was some dealings or order stating who was to retain the marital home?

& whom the child was to live with!

I think you will find he will have a hard job putting you out of the house!

Can you shed some light on the situation - otherwise us peeps may not be able to give you the correct advice without a little background..

Angel 1

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16 Aug 09 #138955 by ingrid74
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Hi Angel, thanks for replying.

I was told I was able to stay in the house as I had our daughter but he says that has changed now she is with him. No financial settlement though was ever agreed, but he is telling me I have to sell up and give hm a certain percentage of the sale, I will have to pay for all the costs etc. He is still a serving member of the forces and I have agreed to walk away from his pension and gratuity which he receives in 4 years. He has never contributed in the past 3 years to mortgage so all in all I have paid over £18000. Does that not mean anyhting? Plus I also have an interest in the property. Many thanks again!!

  • NellNoRegrets
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16 Aug 09 #138956 by NellNoRegrets
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Hallo

at the time of your divorce you and your ex should have sorted out the childcare and the finances. It seems as though this didn't happen, so you probably need to sort them out now.

Why has your daughter decided she wants to live with her Dad? At 8 she is a bit young to understand all the implications of this.

As for the house, your ex won't be able to force you out without a lot of time, trouble and cost. Does he want to live in it with your daughter, or does he want to sell it to release capital?

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16 Aug 09 #138959 by ingrid74
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Hi there! There is very little equity in the house. My daughter I feel had a little persuasion on her decision. My ex lives 200 mile away so she enjoys going up to visit plus all his family are there too. He does'nt want to live in the house as he has purchased another property plus he now gets a quarter on the base where he is stationed.

  • NellNoRegrets
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16 Aug 09 #138969 by NellNoRegrets
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So his housing needs are more than adequately catered for, in which case you need to make sure your housing needs are too.

I think you'd be best placed to start ancillary relief proceedings as well as sorting out your child's welfare. Moving her so far away would make your contact with her very difficult and involve sorting out new schools etc as well as moving her away from her friends.

Has she thought about this, or does she just think living with Dad would be an extension of the excitement of a visit?

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16 Aug 09 #138970 by NellNoRegrets
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So his housing needs are more than adequately catered for, in which case you need to make sure your housing needs are too.

I think you'd be best placed to start ancillary relief proceedings as well as sorting out your child's welfare. Moving her so far away would make your contact with her very difficult and involve sorting out new schools etc as well as moving her away from her friends.

Has she thought about this, or does she just think living with Dad would be an extension of the excitement of a visit?

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