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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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There i have seperated from my partner who is on the joint

Resolved Question:

hi there
i have seperated from my partner who is on the joint mortgage. I have been living there on my own with my 7 year old son for 3 years and paid the mortgage myself without him contributing. He now wants me to move out and him to move in. what rights do i have.
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
Please may I ask:
- where you married?
- are you joint tenants or tenants in common?
- is your son a child of both parties?
- what is the house value? What is the equity?
- do you want to move out?
Kind Regards
Caroline
Customer: replied 1 year ago.
hi,
no we are not marries
yes he is my sons father
90,000 value
30.000 equity
no i dont want to move out
he is constantly harressing me and have to keep changing my phone nummber
Customer: replied 1 year ago.
he is a joint tenant
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you confirming this for me.
Please can I also ask:
- where has he been living for the last 2 years?
- are you up to date with the mortgage?
- please provide more details in respect of harassment.
Kind Regards
Caroline
Customer: replied 1 year ago.
he had a flat for a year whicch he moved out in august 2015
he lives with his dad now
i pay the mortgage myself no problem every month and i am upto date with payments.
i have been in contact with police but untill there is violence they can not get involved.
Customer: replied 1 year ago.
i am in no position to buy him out or move house
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
As you are both legal owners of the property then you both have a right to reside there. You do not need to move out.
This also technically means that he can move back in.
I consider that you should give consideration to applying for an occupation order to temporary restrict your ex's right to live in the property - this is only a short term order and usually lasts 6-12 months.
You should also consider applying for a schedule 1 children act claim for provision of property for your son. A successful application would have the effect of transfer the benefit of your ex's share in the property for your son until he reaches 18 - then it would revert back to your ex.
You need to consider severing your joint tenancy - see this link. If you don't and you were to pass away then your share of your property would pass to your ex under the right of survivorship - which you may not want to happen.
https://www.gov.uk/joint-property-ownership/change-from-joint-tenants-to-tenants-in-common
If the harassment continues then you should keep reporting matters to the police. If the police don't take action to protect you - then you should consider applying for a non molestation order through the family courts.
As the property is jointly owned then your ex could make an application to court under the trust of land act for sale of the property to realise his interest in the same. If he made such an application then the court would consider the housing needs of your son.
You may be able to get legal aid and a solicitor to help you with all of these issues. This is now only available if you have suffered physical, emotional or financial abuse from your ex in the past 2 years and also if you qualify in respect of means. You need specific domestic violence evidence to qualify for legal aid. I suggest that you discuss how you are feeling with your GP - if you GP is satisfied that you are suffering with a condition such as stress as a result of your ex's behaviour and they complete a specific template letter - then you should take this letter to a legal aid solicitor so that they can complete an assessment in respect of your means. See these links for further information:
https://www.gov.uk/legal-aid/domestic-abuse-or-violence
http://civil-eligibility-calculator.justice.gov.uk/
Kind Regards
Caroline
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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 744
Experience: Divorce, Finances, Children, Domestic Violence, Care Proceedings
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