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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34108
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 says I've got leave our home that we both own and

Resolved Question:

My partner says I've got leave our home that we both own and live in with his children 16yrs & 13yrs when I have done nothing wrong. Can he do this?

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?
What income do you each have?
Clare
Customer: replied 2 years ago.

The house was originally mine. Steve moved in with his children in 2005 I still have a daughter who lives here on and off she is 21yrs. The house is worth approx £480.000 there is £194.000 owing. We are both joint on the deeds. We have a business together Castleland Leisure Ltd. We both earn £12000 per year. Steve has mentally abused me for years so much so that I made him go to the Dr's with me. Where he admitted being a bastard to me and didn't no why he did this. They sent him to a phycologist and put him on anti- depressants. He didnt continue with any of the treatment. And continued to be a bully. Some of the things he says to me are vile. And some of his action are unacceptable. I've never been able to leave due to family commitments and money. His son has been chucked out of two schools and now in a bad boys school and his daughter doesn't want to do anything other than lay in bed all day. She quit college. And now waiting to see if an apprenticeship will except her. I can not cope with living with this aggressive mental man anymore. I will be grateful for any advice. Thankyou so much. I'm under the Dr now with high blood pressure.

Expert:  Clare replied 2 years ago.
Hi
Where were he and the children living when you met him?
Why was the property placed in joint names?
How much is the business worth?
Clare
Customer: replied 2 years ago.

He was living in his house with his children. Sold his house. We had to use his money to have a loft conversion put on my house to accommodate his children. Which cost 40k and 15k settlement to my ex husband. I think at the end of the day I had put about 50k more in the house. But just to make things easy I manage to get my ex husband off the deeds and his name put on them. He drove both my children out. I get on really well with his. Thanks Clare

Expert:  Clare replied 2 years ago.
Hi
How much would a cheaper two bedroom property cost to buy in the same general area?
Clare
Customer: replied 2 years ago.

In the same area it would be £250k. The Mum lives 15 mins away and has a 3 bedroom house. The children both have there own rooms there. Plus the Mum has to come this way every morning as she works just down the road. She originally left the children for a toy boy. They were trying for a baby but because she wasn't able to fall pregnant because of her age.... he left her. She left her children when they were just 4 & 7 both just starting new schools at the time.

Expert:  Clare replied 2 years ago.
Hi
For clarity - they have always lived with their father?
Clare
Customer: replied 2 years ago.

No they used to live with Mum and Dad but she left when the children were 4 & 7 yrs. He stayed in his own house until they sold it and then moved in with me.

Expert:  Clare replied 2 years ago.
HI
Just to confirm - you are not married?
Clare
Customer: replied 2 years ago.

Hi Clare

No we are not married.

Expert:  Clare replied 2 years ago.
Hi
Are you willing to force a sale of the property?
Clare
Customer: replied 2 years ago.

Hi Clare

I'm happy to sell as would like my money so I can support myself and my daughter.

Expert:  Clare replied 2 years ago.
Hi
Your ex cannot force you to vacate the property unless you are violent (which I am sure that you are not)
Since you are not married you have no responsibility for your partner's children, and since there is substantial equity in the property there is no reason why your ex cannot rehouse the children if the property is sold.
On that basis you can apply to the court for an Order that the property is sold, and you can ask the court to make an order relating to how the equity should be divided between you - in the hope that the court will give you a larger share
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Thankyou Clare. Do you think that there is anyway he would get a larger share because of the ages of the children. We have made a will. Which states that if anything happened to the other one the one left would inherit everything. Not sure whether that's of any relevance. Steve has smashed things up in the home and been mentally abusive on a daily basis. Says the most vilest things a human could possibly say. Where do I stand with this regarding his mental health behaviour. He is two different people. I have to do reverse psychology to keep him calm. But I just can't take this no more. Thankyou so much for your time

Expert:  Clare replied 2 years ago.
Hi
No I do not think so as you are not married and the children are not your responsibility
If he is violent or threatens violence then you must report it to the police
Clare
Customer: replied 2 years ago.

Is there anywhere that could confirm whether or not he would be entitled to more. Just worried that I may lose some of my equity? I do agree the children aren't my responsibility. Thanks sorry for all the questions Clare. I'm just looking for peace of mind.

Expert:  Clare replied 2 years ago.
Hi
The only real issue will be if you can claim more of the equity to reflect your investment - you can read more here
http://www.slatergordon.co.uk/media/388153/cohabitation.pdf
Clare
Customer: replied 2 years ago.

I will check that website out, thanks. So if we were to split it equally there wouldn't be a problem? I will definitely requesting you again that's forsure as have a lot more separate issues coming up.

Expert:  Clare replied 2 years ago.
Hi
a 50/50 split would be the normal position.
Please feel free to ask for me if you need further assistance
Clare
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