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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33325
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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I split up with my partner in june 2013 . We have 1 15 year

Customer Question

I split up with my partner in june 2013 . We have 1 15 year old son . Her name is XXXXX XXXXX the mortgage and never has been . although she has contributed to the house . We agreed a settlement figure of £8000 which she accepted and I paid her this in November and she banked it but is still refusing to move out . She has parental responsibility but our son can live with me and is happy to do so . How can I possibly legally get this woman out of my house ?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
When will your son be 16?
Clare
Customer: replied 2 years ago.

hi he will be 16 in May 2014


 

Expert:  Clare replied 2 years ago.
Hi
Are you certain that if asked he would opt to live with you?
Clare
Customer: replied 2 years ago.

yes - although the problem being I have no official responsibility


 

Expert:  Clare replied 2 years ago.
Hi
That is not a problem in itself - at his age it is up to him where he choses to live
The major issue here is a Tactical one.
Could you bear to wait until May?
Clare
Customer: replied 2 years ago.

May is not an option realistically . She is living in the house and has refused to contribute rent or anything towards utility bills . I have already paid her £8000 to leave as well and so now she has my money and is running up bills in my house and costing me more money .

Expert:  Clare replied 2 years ago.
Hi
In that case then you need to give her 28 days written notice to leave (keep a copy)
A the end of that time you can change the locks and pack up her belongings for collection.
One risk is that your son will let her back into the house - so you will have to explain this to him.
The other is that she will apply to the court for an Order allowing her to return to and remain in the property until the child is 18
The fact that the agreement had been made and the age of your son should mean that this is will not succeed - but that is the risk.
I hope that this is of assistance - please ask if you need further details
Clare

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