Separation, family home sale, fairs solutions, father's rights...?

acidalie

Hello everyone,
I've been separated from my wife for over 2 years now, but our marriage broke up many years ago. In separation proceedings and under the advice of my ex lawyer, I left the family home a few months ago so that each of us could regain a balance, and so that the children (7 and 13) would no longer suffer the harms of our high conflict relationship. (I will pass on the details that my ex-wife has since put in place to keep my life a living hell, but I continue to fight for access to my children. Parental alienation is a sad thing... And unfortunately it will not be without consequences for the children...)
Since my departure, and as the law allows it, she and the children live in the family home (family home that I continue to pay each month) No court decision has yet been taken concerning the separation of property, and from what I know she does not wish to sell this house that I have been financing alone for nearly 6 years.
My ex-wife has been seeing a man for some time, my children know him, they spend a lot of time together, and this man is spending more and more time in the family home. (For information to clarify things from my side, my ex-wife has every right to rebuild her life, and for the greater good of all...)
My question is the following, Is it legal that his new companion can stay at the family home to sleep from time to time? Can this work in my favor for a sales negotiation before the court?
Thank you for taking the time to read me and thank you for any answers or testimonials you can give me.

AulWan

acidalie wrote: »

Hello everyone,
My question is the following, Is it legal that his new companion can stay at the family home to sleep from time to time?

Legal advice is not allowed here I believe. But I will tell you that your ex-partner can invite whomever she pleases to stay overnight in her home.

acidalie wrote: »

Can this work in my favor for a sales negotiation before the court?.

Do you mean will it help you convince the court to order the sale of the property rather then allow her to stay in it with the children?

Your ex-partner's new partner has no legal obligation to maintain either your ex or her children, so won't be a factor in the division of your joint assets.

acidalie

Thank you AulWan for your answer. The sale of the house would allow each of the parties to start again on a new basis, (the rest of it would allow each of them to take over a new mortgage) I have always made sure that my children lack nothing and it will be the same even with the sale of the house.
I am not asking anything from this new partner, the children are mine and I am assuming the financial burden.
It just seems unbelievable that my ex-wife could start a new life with another man in our family home that I continue to finance.

AulWan

acidalie wrote: »

Thank you AulWan for your answer. The sale of the house would allow each of the parties to start again on a new basis, (the rest of it would allow each of them to take over a new mortgage) I have always made sure that my children lack nothing and it will be the same even with the sale of the house.

I would agree sale is often the healthiest option for all involved when there is sufficient equity that both will be able to secure new mortgages, especially if it can be achieved without meaning a change of schools for the kids.

Good luck.

acidalie

Many thanks