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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2738
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Have a Morgage with my parter and 3 kids 2 are mine and 1 is

Resolved Question:

Have a Morgage with my parter and 3 kids 2 are mine and 1 is hers been living together for 11 years and now splitting what's the best thing to do as my partner drinks and can't control it around me and she also assaults me at times.
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. Just a bit more information required to fully assist you:-Are you/were you married to her?-Is the home also in joint names?-How old are the children, and what will be the arrangements for your two upon separation?-Do either of you have any assets?
Customer: replied 1 year ago.
Not married house in joint names girls r 6 10 band boy 14 no other assets
Expert:  Harris replied 1 year ago.
Thank you for confirming. Firstly, as the home is in both names, you both have a legal right to occupy the property and cannot exclude the other without there being agreement for one of you to leave or a court order.If you feel that she is a risk to the children, you can apply for a child arrangement order for all three children to be placed in your care, and simultaneously apply to remain in the property for the benefit of the children until a certain age (eg. the youngest finishing education), after which the property to be sold and proceeds divided between you.If you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
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