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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33807
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I have a family problem, I am divorced year.

Customer Question

Hello,
I have a family problem, I am divorced for one year. My letting contract is on both name.We have two children one is 8 , one is 3. I am the person who take care of them. Now is time to renew the agreement for the house.He don't want to live the house and is threatening me that he will talk with the landlord to rent the house on his name and me and children to live.Is this possible if I asked and pay the fee for new contract to the agency?I have enough money to pay the rent alone.Do you think that landlord can choose him against me?
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
I think that I have the right to live in the house because children have their school very near. They don't want to change the school. Which is the best solution?
Expert:  Clare replied 1 year ago.
HIThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstHas there been a financial settlement following the divorce?Clare
Customer: replied 1 year ago.
Only thing which is decided is that he should pay for care of 2 children 200£ per month and I will take care of them on my address.
Customer: replied 1 year ago.
He is threatening me that he will take one of the boys.We have history of domestic violence.how can I do a decision from UK to not take my boys with a Romanian decision.
Expert:  Clare replied 1 year ago.
Hi
Were the Police called for the violence?
Clare
Customer: replied 1 year ago.
Yes , but he left before police came.we was separated for near 6 month but than I let him to come back for boys because they was missing him.I took him out from Concil tax bill and I was mother alone in this time.
Expert:  Clare replied 1 year ago.
Hi
Do you have any poher evidence of the Domestic Violence?
Clare
Customer: replied 1 year ago.
Maybe Police has a record from that day.Can you give me an answer until morning because I should take a decision about the house! Is Friday and I have to call them! Thanks !
Expert:  Clare replied 1 year ago.
Hi
For clarity - is he actually still living with you or has he moved out?
Clare
Customer: replied 1 year ago.
He is still living here and I am very stressed about this because we are separate and he is very nervous and is argue all the time !
Expert:  Clare replied 1 year ago.
You are fully entitled to ask the Landlord for a new tenancy in your sole name .If your ex has in fact got to the landlord first and the new tenancy is in his name you can apply to the Family Court for the Transfer of the tenancy into your name, or an order that you are allowed to live there (without your ex)As a starting point speak to the Landlord to see if he will agree - if not then you can consider the court applicationPlease ask if you need further details
Customer: replied 1 year ago.
Ok. Thank you!
Expert:  Clare replied 1 year ago.
You are most welcome - I hope all goes well

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