Seperated Couple - House Issue

jinkybhoy

Hi

Story is - Couple Seperated less than a year - Married nearly 18 years.

They have 4 kids all under 18 - They live with mother - maintenance court(not sure if this is the right term!) have ordered visitation rights to him every 2nd weekend and maintenance amount set. He has to drive down collect kids and bring back to family home.

She moved out after infidelity issue on his part (more than once) - Moved away and is renting since a good distance away.

He lives in home - Has now moved in girlfriend (not sure if this from previous infidelity) - Mother not happy as he says that he will still collect children and bring down every 2nd weekend (He's actually now saying he can't afford every 2nd weekend and wants to change to 3rd but that's beside the point).

Now my questions are - Is he allowed to move anyone he wants into family home or does Mother have any rights on this - it's a joint mortgage.

Also - Mother doesn't know this woman and does not want her to have any contact with her children for the time been - Children are very upset with the seperation and last time she brought up subject of either of them seeing other people, they were not happy. They are seeing counsellers over this - Can she stop him from seeing kids or taking back to home while this living situation continues?

Thanks in advance.

Ken.

So she shagged someone else. He's moving on with his life and now she's trying to screw him over again. Yes he can move anyone into the home. Same as she can move back in if she liked.

jinkybhoy

ken wrote: »

So she shagged someone else. He's moving on with his life and now she's trying to screw him over again. Yes he can move anyone into the home. Same as she can move back in if she liked.

sorry didnt make that clear - he cheated not her.

Ken.

jinkybhoy wrote: »

sorry didnt make that clear - he cheated not her.

Ah ok. Well he can still have someone live with him their but she has just as much right to move herself and the kids back into the house.

jinkybhoy

ken wrote: »

Ah ok. Well he can still have someone live with him their but she has just as much right to move herself and the kids back into the house.

That was something she considered but if that happened he would still have the right to stay I suppose? It's quite a small house!

If he has moved someone in and they are presumably paying rent - she should be entitled to half as joint owner? Just a thought..

Bepolite

Go back to court re visitation, Judge will give the partner issue the short-shrift it deserves but get the order for how often etc set. It may also change the maintenance amount.

See a solicitor about the house.

jinkybhoy

Bepolite wrote: »

Go back to court re visitation, Judge will give the partner issue the short-shrift it deserves but get the order for how often etc set. It may also change the maintenance amount.

See a solicitor about the house.

She is going to see a solictor alright but can't get to them before end of month unfortunatley - The visitation is an informal agreement and maintenance was set by the court - not quite sure why visitation wasn't formalised by court.

When you say partner issue short shrift - what do you mean?

thanks

Bepolite

jinkybhoy wrote: »

When you say partner issue short shrift - what do you mean?

thanks

jinkybhoy wrote: »

Hi

Also - Mother doesn't know this woman and does not want her to have any contact with her children for the time been - Children are very upset with the seperation and last time she brought up subject of either of them seeing other people, they were not happy. They are seeing counsellers over this - Can she stop him from seeing kids or taking back to home while this living situation continues?

Thanks in advance.

I'm looking for a youtube clip where Judge Judy shouts it's none of her business, but this will have to suffice.

jinkybhoy

Bepolite wrote: »

I'm looking for a youtube clip where Judge Judy shouts it's none of her business, but this will have to suffice.

how is it none of the mother's business who is in the house when her children are staying with their father? Am I reading that wrong?

Bepolite

jinkybhoy wrote: »

how is it none of the mother's business who is in the house when her children are staying with their father? Am I reading that wrong?

No you're reading it right. Short of any allegation of abuse, it's no-ones business. Relationships end; people move on.

The ownership of the house is a separate civil legal issue.

Don't take my word for it see what a Family Court Judge thinks presented with all the facts.