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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 744
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My stepdaughter has just separated from her partner they

Resolved Question:

Hi my stepdaughter has just separated from her partner they have Baugh a house together he is refusing to leave the house so she and their 3 year old son are having to sofa surfe what are her legal rights
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will try and assist.
Please can I ask:
- was your daughter married?
- is she a legal owner of the property either joint tenant or tenant in common?
- what was the reason their relationship broke down?
Kind Regards
Caroline
Customer: replied 1 year ago.
No they are not married and yes it's a joint one they just separated as fell out ov love
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
Can I ask :
Is your daughter wanting to return to the property or just realise her interest in the same?
Is there equity in the property?
What is her ex's earning capacity?
Kind regards
Caroline
Customer: replied 1 year ago.
Yes she wants to return to the property as it's her sons home and as for equity they will be very little as bought house only 2 years ago and his salary is around 20.000 a year
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for confirming this for me.
As your daughter is a Joint Owner of the property then she has a right to occupy the property and she should just move back in the property.
Your daughters partner also has the same right to reside in the property.
If when your daughter returns - there is any confrontation then your daughter should contact the police for assistance. The police could ask the ex to leave temporarily but this is normally only overnight unless he is charged with any offence then his conditions could prevent him returning for longer.
If the situation becomes untenable then your daughter could consider applying to a family court for an occupation order. These orders aren't easy to obtain as Judges don't like making people homeless and your daughter would need to convince the court that the ex has the means to go elsewhere. These are only temporary orders and last 6 - 12 months.
Either party could make an application to the court for a sale if the property under the Trust of Land Act. If the ex made such an application then the court would decide the housing needs of your grandchild when deciding whether or not to make an order.
Your daughter should also consider making an application under Schedule 1 of the Children Act for provision for their child. The court has the ability to be able to transfer a property for the benefit of the child until the child reaches majority age.
Your daughter also needs to get benefits advice and also consider applying for child maintenance through the CMS.
Legal aid is only available is your daughter has suffered physical, emotional or finance abuse and can fulfil one of the legal aid agencies requirements for evidence.
Kind Regards
Caroline
Please kindly remember to rate positively. Happy to discuss further.
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 744
Experience: Divorce, Finances, Children, Domestic Violence, Care Proceedings
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