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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34473
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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hi i cant get the mother of my child out of my house . does

Customer Question

hi i cant get the mother of my child out of my house . does she have a right to stay there ? no contributions to the house ever in form of improvements , mortgage utilitys etc by the way never married and she has lived there with my son since nov12 - june 13

Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Hi
Thank you for your question
I shall do my best to help but I meed some further information first.
How much is the house worth and how much is outstanding on the mortgage?
What other assets do you have?
How old is the child and how did your ex come to live in the property?
Claire
Customer: replied 4 years ago.
The house is worth £250,000 and the mortgage is for £194000 no other assets my son is almost 5 and asked my ex to move back in 7 months ago
Expert:  Clare replied 4 years ago.
Hi
Where was she living before then?
claire
Customer: replied 4 years ago.
She was living in rented accommodation which I was paying for through the csa
Expert:  Clare replied 4 years ago.
Hi
Did you also live there - was this a full reconciliation
Claire
Customer: replied 4 years ago.
I do and yes it was
Expert:  Clare replied 4 years ago.
Hi
Have you offered her money to leave?
Claire
Customer: replied 4 years ago.


no why should I ?


 

Expert:  Clare replied 4 years ago.
Hi
From the point of view of the Court the priority is the safe and secure housing of the child and under Schedule 1 of the Children Act your ex can apply to the Court for an order allowing her to remain there (without you) until the child is 18.
It is hard to assess how much of a risk there is that this will happen but it may be worth offering a small sum (£2000 or so) to avoid the risk
of this happening
I hope that this is of assistance - please ask if you need further information
Claire