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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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 has not worked for over year he takes diazapam and

Resolved Question:

My partner has not worked for over year he takes diazapam and drinks daily we have a five month old baby i have asked him to leave the home that we started to buy five years ago, but he refuses I work full time but am struggling as i I have to pay for child care , I cant leave my baby with him.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
Are you married and do you consider that your relationship is at an end?
Clare
Customer: replied 2 years ago.

I consider my relationship is over,I am not married, and dont want my daughter to be raised in a home with drugs and constant drinking around her.

Expert:  Clare replied 2 years ago.
Hi
How much is the house worth and how much is outstanding on the mortgage?
Clare
Customer: replied 2 years ago.

and we owe almost that after only five years of a mortgage so we really havent paid hardly anything back


Our house was valued at around 200 Thousand x

Customer: replied 2 years ago.

two hundred thousand approx is still owed as we have only been buying for five years

Expert:  Clare replied 2 years ago.
Hi
Who paid the deposit - and am I right in assuming that you wish to remain in the property without him
Clare
Customer: replied 2 years ago.

hi the deposit was paid by a mote scheme it is paid back as part of the mortgage i want to live in the property without him as i have always paid most of all the bills and for the last fifteen months all bills and expences i returned back to my job when my baby was only ten week as i needed to pay all the bills, i think that in the New Year I will be made redundant .

Expert:  Clare replied 2 years ago.
Hi
Has he ever been violent towards you?
Clare
Customer: replied 2 years ago.

no only verbaly

Expert:  Clare replied 2 years ago.
Hi
If he had been physically violent it would have been possible to get an urgent order excluding your ex from the property
however in the absence of that your only option is to make an application using the Children Act for an Order that allows you to live there - without your ex - until your child is 18 or you cohabit.
The starting point is to try and negotiate with your ex using Family mediation
www.familymediationhelpline.co.uk
I hope that this is of assistance - please ask if you need further details
Clare
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