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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Has an ex partner with a 7 yr old child who left the home after

Customer Question

has an ex partner with a 7 yr old child who left the home after only 6wks together and has been gone for four years and now finds herself being made homeless have any rights to come back to that home and demand that she lives there. Her name is ***** ***** and mortgage but has never paid anything in to property.
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question. What were the reasons for her leaving initially? As her name is ***** ***** deeds of the property, she has a legal interest in the property and therefore a right to occupy the property unless there is a court order excluding her from the property. Not contributing towards the outgoings on the property does not discharge her legal interest and therefore she has a right to return. Please provide a positive rating if you found this information helpful. I will not be credited with answering this question without a positive rating. Thank you
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Customer: replied 1 year ago.
This is my son we are talking about and he now has a new partner living in the home with her 8 yr old daughter. She is also due to have his baby in july. The ex is threatening to move back in in two days time can my son get an injunction out to stop this happening as obviously it is impossible for her to come back after four years as my sons situation has changed.
Expert:  Harris replied 1 year ago.
Thanks for the further information. Without a court order excluding her from returning to the property she can re-enter if she wishes. In order for him to exclude her, he will need to apply for an occupation order, however these are only granted if there is risk of harm towards your son or any other occupants of the property. The application can be pursued under form FL401 to his local family court and there is no court fee to pay.