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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34281
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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Dear Clare, Things have moved on from my previous question

Resolved Question:

Dear Clare,
Things have moved on from my previous question I now require my ex partner (we have never been married) of 12 years to move out of my house
I have been paying the mortgage and all the bills myself with no contribution from her.
We have shared food bills she in recent years has paid for after school club for the children and school dinner fees etc
I understand that I would have to pay her back for the items she has bought in the house and half of the items we have bought together
How do I get her legally out of my house and what entitlement would she have to it ?
How much notice do I have to give her and is it a case of just changing the locks ?
That would leave the far more important issue of the children ages 5 and 8 she would want to take them back to Stoke on Trent 36 miles away I would like to keep them with me in Cannock their school is 2 mins walk away
She has told me that citizens advise have told her to stay put and make it as difficult as possible for me to remove her
Many thanks for the response in advance
Regards
Stewart
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.
How much is the house worth and how much is outstanding on the mortgage?
Clare
Customer: replied 2 years ago.

House is probably worth 150k

approx. 70k outstanding

House was bought 2 years before we met approx.

Expert:  Clare replied 2 years ago.
Hi
I do not have good news for you.
Under Schedule 1 of the Children Act you are under a duty to help house the children until they are 18 and your ex could apply to the Court for an order allowing her to remain in the house (without you) until then.
At the end of that time however the house will revert to you and she will have no financial claim on it.
If you change the locks she will be able to make an immediate application for an Occupation Order allowing her to return.
If you wish her to leave then frankly you are going to have to make it worth her while to do so - and of course negotiate how the care of the children can be share between you.
This should be done using Family mediation
www.familymediationhelpline.co.uk
She will be entitled to simply remove any items that she alone paid for
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Sorry I may of not made myself clear I would be housing the children taking them to school feeding them etc?

In order for me to do this would I need to make child arrangement order first before I change the locks and told her to leave ?

would she have a claim on the value of my house ?

Customer: replied 2 years ago.

Sorry I may of not made myself clear I would be housing the children taking them to school feeding them etc?


In order for me to do this would I need to make child arrangement order first before I change the locks and told her to leave ?


would she have a claim on the value of my house ?

Expert:  Clare replied 2 years ago.
Hi
The issue of how the children share their care between you will have to be resolved before the issue of the property is dealt with.
Once it is dealt with then if the children are remaining with you you will need to give her "reasonable written notice" - at least two months - before you change the locks
She has no claim on the value of the property - unless you chose to give her a lump sum to encourage her to move out
Clare
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