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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2541
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My son and his partner split up 2years ago he has

Customer Question

Hello, my son and his partner split up 2years ago he has been paying the mortgage and council tax for maintenance,the house is in his name and his partner and children are registered at her parents address.
He recently told her he was going to move back into the property as he has no where to live but she said no.
I was wondering what are his rights in this situation?
Regards Deborah.
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question.
Just a bit more information required to fully answer your question:
- That they live in England or Wales?
- If there have been any court orders or formal agreements between them regarding the property
- Who currently lives there?
- Whose name the property is in?
- What are the arrangements for your son to see the children - and are they his children?
Customer: replied 1 year ago.
They live in England,there is no court orders regarding the property. The house is in my sons name but his ex partner and the children are living there he was seeing the children every other weekend but she has now stopped him seeing them. They are his children.
Expert:  Harris replied 1 year ago.
Legally, the property is his and he can return to it at any time he wants, unless she obtains a court order preventing this. To remove her from the property he will need to give her reasonable notice.
However, given that they have children and it appears she is their main carer she is entitled to make an application to court to remain in the property - but the burden is on her to make this application.
Also, as there are now issues with the arrangements for him to see the children I would suggest that he makes a referral to an independent mediator (he can find local ones here: http://www.familymediationcouncil.org.uk/) who can assist them in reaching an agreement. If mediation is unsuccessful then he will be able to make an application to court under form C100, together with a £215 court fee to his local family court for a child arrangement order so that he can see them.
Please let me know if you have any further questions about this.
Customer: replied 1 year ago.
What would you call reasonable notice?
Customer: replied 1 year ago.
And also would the notice need to be in writing or verbal.?
Expert:  Harris replied 1 year ago.
It would depend on the mother and children's circumstances and how soon they will be able to find alternative accommodation. He would also need to think about the practicalities of removing them from the property. In such circumstances there is no set time frame for reasonable notice.
I would suggest that it be done in writing so that it can be evidenced if necessary.
However, as suggested, mediation can assist to find an amicable solution which is in both of their interests, and in the interests of the children - which the court will see as paramount.
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2541
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you Harris for the information and your time today this has been a real help to me.
Expert:  Harris replied 1 year ago.
Hope it goes well - feel free to come back if there are any issues in the future, you can ask for me directly by starting your message For Harris
Customer: replied 1 year ago.
Thank you will do.
Expert:  Clare replied 1 year ago.
HiMy name is ***** ***** I have been a family lawyer for more than 30 years.As a word of warning your son should think very hard before returning to the propertyIf his ex seeks housing advice she will be told of her right to make an applictaion using Schedule 1 of the Children Act for the right to live in the property until the youngest child is 18It would potentially be more advantageous for him to formalise the current housing arrangements with his ex and the chidlren being registered at the property that he owns, and him paying child maintenance and her paying him rent (with your son topping up the mortgage if the child maintenance is less than the mortgage paymentIf she cohabits, or when the youngest is 18 the property will then revert to your sonAlternatively if he would prefer to have his home back now then he could consider offering her a lump sum - on the basis that at least then the money would be hersClare
Customer: replied 1 year ago.
It is a shared equity house so he cannot let her pay rent as that is classed as sub letting as her name is ***** ***** the mortgage or rent book. She now has a boyfriend who is practically living there now too so he is in a catch 22 situation as he cannot afford to get another place to live.
Expert:  Clare replied 1 year ago.
Actually matters are not that restricted when it comes to former partners/mothers of the owners children- however of the boyfriend is actually living there then his options are wider as the court would be unlikely to let them remain there

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