Finance

[derbyshire38]

I left my wife 16 years ago but she has continued to live in the family home since - My children are both 18. What is my legal entitlement to the home and can I force her to sell?

[boxtops]

what was the agreement laid down at the time of your divorce?

[factor-fiction]

...or are you still officially married?

[boxtops]

I didn't think of that. In which case, as children were involved, I hope there was some sort of separation order.

[derbyshire38]

We have been divorced 14 years and I agreed that the house wouldn't be sorted out until the children were 18 - they are now both over 18. Am I entitled to 50% or less because I haven't lived in the house. I have always paid maintenance for the children. There is now no mortgage on the house - it was paid off 12 years ago.

[factor-fiction]

Was a solicitor involved in the agreement?

[derbyshire38]

No solicitor was involved - I just wanted to do the right thing for the children.

[bednobs]

there is no set entitlement - it'll be whatever the two of you can agree between you. Is there any suggestion she's going to be awkward about it?

[derbyshire38]

I think she feels she should live in the house forever.

[cassa333]

Who paid the morgage and whos name was it in?

Is the house in joint names?

[FredPuli43]

What were the terms as to sale when the property settlement was agreed by the court?

[derbyshire38]

The house is in joint names and the mortgage was paid off years ago.

[atalanta]

If you have no written agreement you may find she has acquired squatter's rights.
But wouldn't it be simplest all round to put the house in the children's names, whilst giving the exwife the right to live there for her lifetime ?