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Ex moving back in

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  • 19-11-2012 8:22pm
    #1
    debbie6
    Registered Users Posts: 4 ✭


    Hi there Does anyone know what the position is where my ex who moved out almost 5 yrs ago, says he is moving back in? We are going through a legal separation /divorce process. Thanks


Comments

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    #2
    MarkR
    Moderators, Regional Midwest Moderators Posts: 11,076 Mod ✭✭✭✭MarkR


    Try your local free legal advice centre. Best of luck.


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    #3
    Taltos
    Registered Users Posts: 20,830 ✭✭✭✭Taltos


    OP - please get that legal advice asap. There could be something else going on here so getting full and proper legal advice on the impacts to you (outside of the obvious psychological ones) is critical.


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    #4
    Big Bottom
    Registered Users Posts: 346 ✭✭Big Bottom


    Hi,

    I dont want to seem nosey but has your ex partner being paying rent on it?


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    #5
    debbie6
    Registered Users Posts: 4 ✭debbie6


    Hi. Thanks for replys. My solicitor says he can't but his solicitor sent a letter saying he is! I don't know what to do. He is court ordered to pay the mortgage but hasn't for over 8 months. What do you think could be going on??


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    #6
    Big Bottom
    Registered Users Posts: 346 ✭✭Big Bottom


    I think he plans on moving back in and he is going to say that he has being paying the mortgage so he owns the place.

    I would get some legal advice on this.


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    #7
    A_Sober_Paddy
    Closed Accounts Posts: 4,221 ✭✭✭A_Sober_Paddy


    debbie6 wrote: »
    Hi. Thanks for replys. My solicitor says he can't but his solicitor sent a letter saying he is! I don't know what to do. He is court ordered to pay the mortgage but hasn't for over 8 months. What do you think could be going on??

    He has to pay the mortgage but can't live in the property:confused::confused::confused::confused::confused::confused::confused::confused::confused::confused::confused:


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    #8
    debbie6
    Registered Users Posts: 4 ✭debbie6


    Hi. Well if the kids are to have somewhere to live then, yes he does


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    #9
    Payton
    Registered Users Posts: 1,660 ✭✭✭Payton


    I may be wrong, but if there is no barring order or safety order in place and his name is on the mortgage he has every right to reside in his own house up until you are divorced.
    What his motives are is unclear, but it definitely is a unhealthy situation you are in.


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    #10
    debbie6
    Registered Users Posts: 4 ✭debbie6


    oh right then. thanks


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    #11
    sffc
    Closed Accounts Posts: 433 ✭✭sffc


    debbie6 wrote: »
    Hi. Thanks for replys. My solicitor says he can't but his solicitor sent a letter saying he is! I don't know what to do. He is court ordered to pay the mortgage but hasn't for over 8 months. What do you think could be going on??
    Am I to take it he hasn't been paying while you have been blocking him moving back into his own home ? What do you expect?


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    #12
    Taltos
    Registered Users Posts: 20,830 ✭✭✭✭Taltos


    OP - we are all dealing with partial information here.

    Barring orders, mortgage names, payments. But none of us know the details or what is in any agreement you have in place - nor do we need to.
    Call your solicitor tomorrow - get this clarified. Think through the scenarios - i.e. what happens if you change the locks and refuse him access? Could the gardai be called / could it impact your divorce etc - think of all you want to ask your solicitor to give yourself peace of mind.

    If your solicitor is certain he cannot move in then look for a copy of the document or ask what you need to do to stop him trying this again - is it a barring order or something else?

    For the moment - just list out what it is you need to know and make that call tomorrow, maybe you can get the answers over the phone at least the important ones and for the rest maybe you need to call in but just write them out now and try not to worry too much more on this tonight. Until you get your legal advice though make sure there is no change - if you allow him to move in before you know your rights it will be harder to change it afterwards.


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    #13
    ZENER
    Registered Users Posts: 6,163 ✭✭✭ZENER


    Having had advice from my own solicitor today it seems that if he is paying the mortgage and is on the deeds for the house then he is perfectly entitled to move back in providing there isn't a barring order or some other court order forbidding him access. If you change the locks he can gain access and not be charged with breaking an entering too!

    There appears to be more laws regarding property than people !

    Ken


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