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Joshua
Joshua, Lawyer
Category: Family Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have been in a relationship years. I moved in to my

Customer Question

I have been in a relationship for 5 years. I moved in to my partners house after around two and a half years and have lived with him there since. I have a home of my own and only officially changed my address to his last year. We have now separated and I find myself with nowhere to live as I have rented my home out with a 12 month contract. I never contributed to his mortgage and was not named on any of the bills etc, apart from council tax. I contributed to the upkeep of the home, bought all food, household goods, paid for new furniture, carpets, decorating etc. etc. I want to know if I have any entitlements, If I am entitled to any financial payments or if I can continue to live there.
Thank you.
Submitted: 2 years ago.
Category: Family Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I ask when you moved out please and the reason you felt you had to (if any reason) if you had nowhere to move to?
Customer: replied 2 years ago.

I moved out on Sunday after receiving threats from his ex wife who suffers from mental health problems. He stood by while I was abused by her verbally and threatened with violence. She threatened to turn his children against him if I stay in the home. I was offered no support. I was then told that he wanted me to move out so he could have more time with his children who will not visit if I am there, they have been turned against me. I left as I felt I could not continue to live where I was not wanted.

Expert:  Joshua replied 2 years ago.
Thank you. Unless you can sow that you have made capital contributions to the property (as distinct to contributions towards maintenance and outgoing) then you cannot claim an interest in the property financially. If you can show you have paid towards improvements or made capital payments to his mortgage then you can seek to make a claim against the property commensurate with those contributions though. Otherwise because you have been in a relationship living together you have the right to reasonable notice to enable yourself enough time to relocate. The amount of time you must be given must be reasonable in the circumstances, and a long relationship such as yours would allow a fairly generous amount of notice. You could for example see sufficient notice to enable you to recover possession of your other property when the tenancy ends. Initially you could ask your ex to allow you to move back in. If he refuses you can say that you will if necessary have to apply for an occupation order which is a court order ordering that you are allowed to live in the property for the period the judge considers reasonable as above. If you can demonstrate that your ex has threatened you (though you do not say that that is the case here) then you may also be alle to seek a non molestation order which may require him to leave the property whilst you are there and not approach you. You can apply for an occupation order (and/or a non molestation order) using the following form:http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=1117 You may decide you would like a solicitor to support you with the application though it can be made yourself. If you do you can normally find a local solicitor that will offer a free initial consultation with you using the following link:http://www.resolution.org.uk/findamember/ I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Joshua, Lawyer
Category: Family Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you so much for your help. Your advise is as I expected. I was concerned that all the furniture in the house is furniture purchased solely by me or is property from my previous home. I have paid for all internal decoration which has amounted to thousands of pounds but it is the ability to move back into the property which I wanted the most. Thank you again.

Expert:  Joshua replied 2 years ago.
He is not entitled to keep any personal possessions belonging to you - they belong to you and you may remove them. If he disputes that you own items you claim to own then the dispute may have to be decided by the county court and evidence can be laborious to produce if it is even possible so a judge in the absence of evidence will make a determination he considers fair based on who he believes and the evidence available so ideall you will be able to agree a division between you.

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