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wozzer
Aug 18, 2008, 02:22 AM
me an my x split up in April this year after 8 years we have 2 children together 18 month an a 5 year old but were not married the house an mortgage is in my name she's never paid a penney to mortgage etc she moved out takeing all the house hold items and the family car she has £250 month csa money of me and now wants me to sell the house can she do this she's after finishing me off what rights has she got

DjZskittzoh
Aug 18, 2008, 02:43 AM
Personally, don't let her take it. For a start, she can't because your paying the mortgage, the house is in your name and yous are not married. If she is persistent then take her through court. They would practically laugh at her. She hasn't got any rights to the house or over you. Just stay head strong and you will be fine

0rphan
Aug 18, 2008, 02:58 AM
HI Wozzer,

This depends on lots of things, did you both put money in when you initially bought the house or was it already yours ?

Does she have somewhere to live with the kids or is she depending on money from the sale of the house.

Normally if your married and you cannot come to some kind of agreement between yourselves, contents can usually be decided between you and the house is sold, debts paid, anything over is divided.

The fact that you are not married, the house is in your name, I'm assuming that the bills are also, means you are solely responsible for payment of those.

It could be that if it can be shown that she has contributed to the up keep of the house, including money towards the mortgage on a regular basis and this can be proven, you may be made to sell the house and split the difference.

ON the other hand it could be that you purchased the house the deeds are in your name only, she walked out and there may be no leg for her to stand on,which means she would have to live with family or rent a property.

There are so many clauses within the law it's difficult to say, every case is different.
There may even be a suggestion that you can provide better for your kids than she, therefore could they reside with you, are you able to care fore them 24/7... work school holidays etc... there's lots of issues here.

My advice would be seek out a good solicitor who specializes in these situations as soon as possible.

Goodluck

cdad
Aug 18, 2008, 03:05 PM
Where is this taking place. That's going to help answer your question because its possible that you could have what's called common law marriage. What country is this ?