- May 7, 2024
- Posted by: legaleseblogger
- Category: Related News
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# Legal Dilemma: Brother’s Rights in a Complex Family Situation
## Background:
Brother and his wife split up a year or so back, leading to his move out of the family home. His wife, along with their two teenage children, remains in the house. However, the wife has stopped contributing to the mortgage payments and is engaging in problematic drinking habits. Adding to the turmoil, she has a new partner who is also living on the premises and is equally struggling with alcoholism.
## Current Situation:
The children, feeling neglected and unsupported, express a desire to live with their father. Unfortunately, the brother lacks the resources to accommodate them in his one-bedroom flat. With the wife neglecting her financial responsibilities and her partner residing in the house essentially rent-free, the brother faces a complex legal conundrum.
## Legal Options and AI Legalese Decoder Assistance:
Utilizing an AI Legalese Decoder can provide clarity and guidance in navigating the intricate legal landscape surrounding family law. The brother may have the legal right to reclaim occupancy of the family home, evicting his estranged wife and assuming custody of the children. However, the process may involve legal complexities and emotional challenges.
## Room for Resolution:
While the situation appears daunting, seeking legal counsel and initiating divorce proceedings may be the necessary steps to untangle the messy circumstances. Taking proactive measures sooner rather than later can prevent further escalation and ensure a smoother transition for all parties involved.
## Gratitude for Guidance:
The advice and support received thus far are invaluable in encouraging decisive action. Acknowledging the need for prompt resolution, the brother expresses gratitude for the input received and gears up to address the challenging situation head-on.
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16 is the age at which the courts generally consider children to be able to make their own decisions regarding where they want to live, so there’s no point applying for a child arrangements order.
The only thing to do really is divorce, and get a financial agreement that either the house will be sold or your brother buys out his ex-wife so that he’s the sole owner.
He is entitled to live there, he is paying the mortgage and is on the deeds. Whether or not this is actually a good idea or not depends on a bunch of variables but he certainly can’t boot his wife out either. Moving back in while the wife and new partner are getting sauced constantly seems like a recipe for disaster. He shouldn’t have moved out in the first place.
The kids are old enough that they’re not going to be a major issue in delaying things, especially since they don’t want to live there and are old enough to have their desires considered.
What he needs to do is stop messing around and get a divorce and financial settlement. If he hasn’t started these processes then he is just prolonging the financial pain.
He’s probably going to be left out of pocket for covering the full mortgage but ultimately it will come down to how the divorce and settlement pan out.
He needs to get a divorce including financial settlement which will deal with the house – although unless he is able to get custody it’s likely she’d continue to live there until with a mesher order delaying sale until kids have left.
Currently it’s her house just as much as his so he can’t evict her! What the kids tell him they want may not be what they tell her but he can’t agree on custody arrangements with her then a court will need to decide (try mediation first too)
A possession order would be first priority. Then financial remedy order. Divorce whenever. You need a solicitor.
Yes if he is paying the mortgage he can move back in anytime.
He needs to get an occupation order.
This will get her kicked out.
This should be fairly easy if she is an alcoholic and not paying bills.
He can then move back in with the kids.
If hes still paying the mortgage then he is entitled to live there. Why doesn’t he just move back in? Its not ideal but maybe shed get the picture and move out ? Also if shes drinking all the time would it be worth contacting social services , especially if the kids are saying they arent being looked after and want to live with their dad while being forced to live with alcoholics ?
Honestly, with her and her partner being alcoholics, the best thing for your brother to do is out his foot down and move back in. He has the kids on his side so it’s 3 vs 2. He has no right to kick her out but he can absolutely have the alcoholic partner removed. Just make it so uncomfortable for her to live there that she decides to leave herself, and then make a legally binding agreement that takes her off the tenancy completely.
NAL
He really needs to see a family solicitor about it.
He’s left the property so he can’t just move back in. Is CMS involved, is there a child arrangement order in place?
As kids are under 18 he won’t be able to force a house sale. Ideally he would want to move back in with the kids, however in my guess is it’s best to goto court and let the kids say they want to live with their dad, and might might allow the house to be sold which will provide equity for him to buy a house or rent a bigger property to support the kids with him.
Is the ex wife’s name on the house?