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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34282
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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My partner and I live together and have a mortgage together,

Resolved Question:

My partner and I live together and have a mortgage together, we have a child but are not married. She would like me to leave, can she just throw me out. It is a breakdown of relationship,with no abuse or adultery?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
How old is the child and who deals with the day to day care?
How much do you each earn?
Clare
Customer: replied 3 years ago.

170k with an outstanding amount of 103k approx. Our son is 8. We share the responsibilities. I earn £40k my partner earns £20k. She has said she wants me to move out, the splitting of assets is not in question at the moment, just whether she can force me to leave. I would intend buying her out eventually or selling and splitting the equity.


Thanks


 


Chris

Expert:  Clare replied 3 years ago.
Hi
How much does a two bedroom property in the same general area cost to buy?
How will the ongoing care of the child be shared between you?
Clare
Customer: replied 3 years ago.


I just need to know if I can be thrown out of the house at the moment, not ongoing costs.


 


I shall take advice elsewhere as this is quite urgent.


 


Thank you

Expert:  Clare replied 3 years ago.
Hi
Unless there is an incidence of violence then you cannot be forced to leave the property.
So please be aware of this and if you feel that you are being provoked into an argument - walk away as otherwise you will find her calling the police and making allegations
In the long term she may be able to obtain an Order allowing her to live there without you - but that will take time and you will have a chance to oppose you
How successful that will be depends on the answers to the two questions I asked
Please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you