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Thomas Judge
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 33083
Experience:  Over twenty-five years experience
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I have been with my partner 9 years 8 years ago

Customer Question

Hi I have been with my partner for around 9 years 8 years ago I bought a house which we have lived in and recently moved into another which I also paid all fees and all bills as per the last. She has decided she's doesn't want to be with me and has taken our children to stay at family's house has she claim on the property? Or right to stay here and force me out?
Submitted: 2 years ago.
Category: Family Law
Expert:  Thomas Judge replied 2 years ago.
Are you married? Are the children yours?
Customer: replied 2 years ago.
Not married and children are mine they are 6 and 3
Expert:  Thomas Judge replied 2 years ago.
Well she will be able to bring a claim for maintenance arising from the need for the children to be maintained/have a home. She may also claim that she has an equitable interest in the property (although I note that you have made all payments). She could also in theory apply to the court for an occupation order. An occupation order is an order issued by the court which sets out who has the right to stay, return or be excluded from a family home. An occupation order doesn't change the financial shares in a home. It is usually a short-term measure and the length of time that it lasts will depend on your circumstances. In many cases an order will last for 6 or 12 months and some can be renewed. I hope that this helps. Please remember to rate positively - thanksAn order can only be made for a property where you both live, did live, or intended to live in as the family home.
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 33083
Experience: Over twenty-five years experience
Thomas Judge and other Family Law Specialists are ready to help you
Expert:  Clare replied 2 years ago.
HiMy name is ***** ***** to expand on my colleagues answer you need to be aware that under Schedule 1 of the Children Act you are under a duty to help house the children until they are 18 and your ex can make a claim to allow her to live there - in your absence - until thenFrom what you have said it would be much better to use family mediation to offer her a lump sum to set up home elsewhere and thus protect your propertyClare