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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 740
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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Ex partner wants me to move out of the house after 8+ months

Customer Question

ex partner wants me to move out of the house after 8+ months of living in the house after seperating since I agreed to pay bills etc until the house was sold. Now she doesn't want to sell the house and wants me out
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.
Please may I ask:
- were you married?
- do you have children together?
- have you paid the mortgage? contributed to a deposit? added value to the house through renovation?
Kind Regards
Caroline
Customer: replied 1 year ago.
not married, no children, I have basically paid all bills for the last 7/8 years
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Is the house in your partners name? did you pay the mortgage?
Kind Regards
Caroline
Customer: replied 1 year ago.
It is in hers and her ex husbands name (she never changed it tho he hasn't paid anything since they split 13 years or so ago), I do pay the mortgage
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for confirming that for me.
I am sorry to say that you do not have a legal right to reside in the property - as you are not named on the property - you are not a legal owner.
As you have paid the mortgage on the property you can make a claim for a beneficial right to the property. This doesn't help you in respect of remaining in the property but it does mean that you can seek to claim so of the equity in the property.
The area of law that deal with property for unmarried couples in called the Trust of Land Act.
Your first step to redress is to refer this matter to mediation. This can help you try to resolve matters without the need for an application to court. They will help you both agree what your interest is and what payment you should receive.
There are lots of mediation services and there will be one local to you. Just google Family Mediation and give them a call to get the ball rolling.
If your ex want agree or engage in mediation then you will need to make an application to your local county court. This is done on a Claim Form Part 8. You would ask the court a declaration as to your interest in the property and you can also ask the court to consider an order for sale so that your interest can be realised.
Any belongings that you have are you and you can take these immediately.
Kind Regards
Caroline
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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 740
Experience: Divorce, Finances, Children, Domestic Violence, Care Proceedings
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