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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34263
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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How long can I stay in my partner house after separated. We

Resolved Question:

How long can I stay in my partner house after we separated / he asked me to leave. I'm polish and my family live abroad. I do not work as I'm stay at home mother and I do not have any kind of income apart from child benefit £136/ month . I didnt qualify for tax credits due to my partners high income. We have two children , one just started pre school, other is full time at home. I've been living in the property for last 4 years but it's in his name. We are not married .
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 - and how old are the children?
Clare
Customer: replied 3 years ago.
Dear Clare
His house is worth around £850k-900k. The outstanding mortgage on the house is around £450k. The property is in his name only.
Children are only 4 in July and 3 in August.
Before children I was working full time earning 25k/ year. But I gave up my career ( I was just about to start training towards new position and higher pay ) to look after my children. Before we had first child I was promised to get married but that never happened.
Expert:  Clare replied 3 years ago.
Hi
How much does a three bedroom property (two if the children are the same sex) in the same general area cost to buy?
Clare
Customer: replied 3 years ago.
I would have imagine that the price of the property would be between £250-400k/ his property has also stables and land around which adds value to the property.
Expert:  Clare replied 3 years ago.
Hi
Is that the cheapest?
I mean a terraced property in a reasonable area
Clare
Customer: replied 3 years ago.
It's around £200k -/+ 25 k
Expert:  Clare replied 3 years ago.
Hi
How much does your ex earn?
Clare
Customer: replied 3 years ago.
He is business owner, his profit dropped this year but I would have imagine it's around 120k+ / although he never paid himself salary so his income figure could be different. On the save side I would probably say it's around 70k, as I'm not sure if there are other parties ( his family ) that share the ownership of his business.
Expert:  Clare replied 3 years ago.
Hi
I am afraid that you have no financial claim on the house.
However your ex is under a duty to help you house the children until they are 18 and on that basis if he wishes you to leave is current house then he will need to provide you with a suitable alternative property to live in with the children until they are 18.
At that point the property would revert to him
He will also need to pay child maintenance
If necessary you can make a claim against him using Schedule 1 of the Children Act.
Alternatively if you would rather you could negotiate a smaller capital lump sum payment with your ex in return for moving out.
You could try discussing this with him using Family Mediation (www.familymediationhelpline.co.uk)
I hope that this is of assistance - please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you