Leaving the house but its in my name
Discussion
In a nutshell, girlfriend lives with me (house solely in my name and mortgage company made her sign doc to say she had no interest in it), we have a child, she has her own 1 bed place she rents out. Me and her don't get on and we need to split she won't move back to her place and I don't want my kid to suffer, gf is not reasonable at all (usual story). I am happy to help finance a bigger place for my her and my son etc, but I can only do it if I sell the house as I pumped all my cash into the house to pay off the mortgage last year so its all I have. In the short term though I need to get out of house today even, my fear is by leaving I'm I setting myself up for her to potentially getting the house completely ? Waiting for my solicitor to call me back at the mo.
Your situation is different to mine from a few years ago but I'll set the scene to give you an idea of what I was told from a legal standpoint.
I owned a house in my name and I paid for it and my girlfriend moved in. She later got pregnant. After a couple of years we both became unhappy but stayed together for our son. Fast forward and the inevitable happened. I lost interest in her completely and she got the interest she craved from someone else. She was happy to move back to her mothers where both her and my son had their own rooms and it was a nice place. This was OK as a temporary solution.
The problem came when she wanted to move in with her new partner. They could only afford an ex council place on a not so nice estate and I didn't want my boy living there. We looked into options and at the time, she was entitled to a third of the profit of the sale of my house. (Since we had a child and she had lived with me for more than 6 months.) I'm not sure if the law is the same.
Anyway, I ended up selling the house and handing over a decent sum as I made £100k profit on it. The money she got meant that her and her fella could put a deposit down on a nicer house in a better area. A win all round.
I owned a house in my name and I paid for it and my girlfriend moved in. She later got pregnant. After a couple of years we both became unhappy but stayed together for our son. Fast forward and the inevitable happened. I lost interest in her completely and she got the interest she craved from someone else. She was happy to move back to her mothers where both her and my son had their own rooms and it was a nice place. This was OK as a temporary solution.
The problem came when she wanted to move in with her new partner. They could only afford an ex council place on a not so nice estate and I didn't want my boy living there. We looked into options and at the time, she was entitled to a third of the profit of the sale of my house. (Since we had a child and she had lived with me for more than 6 months.) I'm not sure if the law is the same.
Anyway, I ended up selling the house and handing over a decent sum as I made £100k profit on it. The money she got meant that her and her fella could put a deposit down on a nicer house in a better area. A win all round.
SystemParanoia said:
make her sign a rental agreement.
even if she never pays anything hopefully that should give you some cover if she tries to claim it as her own ?
this all day long, and will protect you when she does eventually move on and has caused damages, you will however be liable for repairs etc... like any other landlord but as your sheltering your child thats probably not a big issue.even if she never pays anything hopefully that should give you some cover if she tries to claim it as her own ?
Yeah she wouldn't sign anything, her being reasonable is out of the window. Still waiting for my bloody solicitor to call back but I'm not going back tonight, beginning of the end ... sighhhhh but at least I will be shot of her, my son different mater though will miss him so much.
Edited by PostHeads123 on Wednesday 29th March 14:10
Even if you do not intend returning do not give any indication of such to anyone involved, otherwise she may get an ex parte occupation order banning you from returning.
If the judge is led to believe you have left voluntarily he wont deem you as being made homeless as a result of such an order.
Don't ask me how I found that out!
With regards the post above that a non married partner has a right to a third of the profit, that is not law, and would have had to be fought in a civil court and initiated by the claimant, it is not an automatic right.
Edit
Why the hell has this thread been moved to Homes Gardens and DIY!
If the judge is led to believe you have left voluntarily he wont deem you as being made homeless as a result of such an order.
Don't ask me how I found that out!
With regards the post above that a non married partner has a right to a third of the profit, that is not law, and would have had to be fought in a civil court and initiated by the claimant, it is not an automatic right.
Edit
Why the hell has this thread been moved to Homes Gardens and DIY!
Edited by PAUL500 on Wednesday 29th March 14:09
PAUL500 said:
Even if you do not intend returning do not give any indication of such to anyone involved, otherwise she may get an ex parte occupation order banning you from returning.
If the judge is led to believe you have left voluntarily he wont deem you as being made homeless as a result of such an order.
Don't ask me how I found that out!
With regards the post above that a non married partner has a right to a third of the profit, that is not law, and would have had to be fought in a civil court and initiated by the claimant, it is not an automatic right.
Edit
Why the hell has this thread been moved to Homes Gardens and DIY!
THanksIf the judge is led to believe you have left voluntarily he wont deem you as being made homeless as a result of such an order.
Don't ask me how I found that out!
With regards the post above that a non married partner has a right to a third of the profit, that is not law, and would have had to be fought in a civil court and initiated by the claimant, it is not an automatic right.
Edit
Why the hell has this thread been moved to Homes Gardens and DIY!
Edited by PAUL500 on Wednesday 29th March 14:09
SystemParanoia said:
If she's unreasonable.. do the same.
Remove all the doors and windows and disconnect all the services.
she'll scamper back off to her mums and you get to do what you need to disentangle your lives.
I really wouldn't do this. I'm not saying be a doormat, but retaining the moral high ground by being demonstrably reasonable all the time reduces the ammunition should it all go really bad and end up in court.Remove all the doors and windows and disconnect all the services.
she'll scamper back off to her mums and you get to do what you need to disentangle your lives.
I've said it before - scream, shout, rage and cry at your family, or your mates. Be calm, considerate and reasonable with the ex-OH, both for your sanity, her sanity and your child's sanity. Do not be dragged to her level - try and drag her up to yours.
Also, be clear - you're out for the night, not moving out. Do not do something drastic until you've heard from your solicitor. Ring their secretary back and explain it's time sensitive.
PostHeads123 said:
I stayed, but fortunately for me my work has asked me for the next few months to work up in the Chester office Tues to Friday and stay over (I'm based in the south) so problem solved for time being.
Not quite sure how you being away for several months solves the problem. Won't she just stay in the house and claim that you moved out?battered said:
Make sure you keep going back and letting yourself in and out, and that your key works. I spend 5 days pw away from my house, sometimes more. But it's still mine.
If it's in your name and so are the bills then your GF has the status of a guest.
If he goes away and she changes the locks, he's fIf it's in your name and so are the bills then your GF has the status of a guest.
ked! She can lodge one claim of DV and he'll likely never see the inside of the house again!OP, this is a time to tread very, very carefully.
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