How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Harris Your Own Question
Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
90234221
Type Your Family Law Question Here...
Harris is online now

I share a flat with my partner years. We are now splitting.

Resolved Question:

I share a flat with my partner for 4 years. We are now splitting. He wants me to move out as soon as possible. How long can stay in the flat before I decide to move out.
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question.
Please could you confirm some further information:
1. Are you married to him?
2. Is the property owned or rented, and whose name is ***** *****?
3. Do you have any children?
Please let me know if you have any further questions regarding this.
Customer: replied 1 year ago.
No we are not married. The property is owned and it is on his name. We do not have any children
Customer: replied 1 year ago.
We share the mortgage
Expert:  Harris replied 1 year ago.
Thanks - share the mortgage as in you make contributions towards it, or it is in joint names? Was there a deed of trust or cohabitation agreement entered into, such as your mortgage contributions would entitle you to a share of the property?
Customer: replied 1 year ago.
Yes there is a deed of trust
Expert:  Harris replied 1 year ago.
Please could you provide details of the deed of trust
Customer: replied 1 year ago.
It is a declaration of trust which details do you need
Customer: replied 1 year ago.
declaration was made on 18 April 2013.
Customer: replied 1 year ago.
This separation has affected me psychologically. I am not ready to move out right now. I only need to know my legal rights how long I can stay in the flat
Expert:  Harris replied 1 year ago.
Thanks
The declaration of trust creates a beneficial interest and entitles you to occupy the property.
Is this something you wish to do, or do you wish to agree to his request to move out? If you do agree then the notice that he needs to give you is "reasonable notice" and you can agree this directly with him.
Customer: replied 1 year ago.
I want to move out what is the reasonable notice he can give to me to leave the place. I need the number because as soon as possible is too vague for me. We are doing very well since we split so I want to cover myself with legal rights to stay.
Customer: replied 1 year ago.
We are doing very well I meant to say
Customer: replied 1 year ago.
Sorry I am bit disorientated. We are NOT doing very well. He wants to leave.
Expert:  Harris replied 1 year ago.
Reasonable notice for cohabitees does not have a fixed time-frame, and would depend on both of your circumstances and how soon you can find suitable alternative accommodation.
For example, if you were renting a property, the landlord's legal notice is two months, after which court action will need to be pursued.
Customer: replied 1 year ago.
So should I say I will need a couple of months (legally) to organize myself to move out. I actually do not have any place to go yet. And on top of everything I am feeling very well due to the shock of splitting.
Customer: replied 1 year ago.
I am not feeling very I meant.
Expert:  Harris replied 1 year ago.
You can ask him for a few months and explain that this is the reasonable amount of time so that you can find suitable alternative accommodation, especially given that you have been living there for four years.
Customer: replied 1 year ago.
So there is no legal period of notice that I should mention if things get very stressful for me. He is very manipulative I want him to understand the situation with legal rights as we have a legal agreement to share the flat.
Expert:  Harris replied 1 year ago.
There is no set time limit as you are cohabitees.
The declaration of trust has created a beneficial interest which allows you to continue to occupy the property and if he forces you to move out you can consider making an application to court for an occupation order under form FL401 to your local family court.
Customer: replied 1 year ago.
I would feel more secure with a legal set time. Thank you very much for your help.
Expert:  Harris replied 1 year ago.
I hope it goes well - please do come back if you have any questions - you can ask me directly by starting your question with - For Harris. Please rate my response positively if you found it helpful - I will not be credited for answering this question without a positive rating. Thank you!
Harris and other Family Law Specialists are ready to help you