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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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In desperate need of help and advice, I have separated from

Customer Question

In desperate need of help and advice, I have separated from my ex partner (the father of my 2 children) he has moved out and myself and the 2 children are currently living In the home. The house is his and he is now trying to sell the house from under us, do I have any rights or is their any way I can stay in this house, my children are only 2 & 4 and I'm currently not working. Please help, without this home me and kids will be homeless. Thank you
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/were you married to him?

-What assets do you both have?

-What are your respective incomes?

-Has there been any domestic abuse between you, if so when and what was the incident?

Customer: replied 1 year ago.
No we were engaged but not married. The house is shared ownership but only in his name. The contence of the home is all mine and I have recently paid £4000 to have the garden re done. I am currently on benefits to support my children and he has a minimum wage job as far as I am aware. No their hasn't been domestic abuse only that he has sent me many abusive text messages
Expert:  Harris replied 1 year ago.

-Does he have any other properties or assets?

-Has he asked you to leave the property?

Customer: replied 1 year ago.
No he doesn't have any other properties only things like a car and sofa on finance. He has texted me telling me I have a week to get out unless I give him £30,000!
Expert:  Harris replied 1 year ago.

Thank you for the further information. Firstly, as you are unmarried and the property is in his name you have no legal interest or right to occupy the property (unless there is a tenancy agreement in place or you were considered his tenant). Therefore, he will only need to provide you with reasonable notice to leave the property.

However, as he is the father of the children, he has a duty to pay child maintenance which is calculated on his gross income and amount of time they spend with him overnight, as well possible duty to house the children if his means provide for it. The housing provision can be pursued under Form A1 to your local family court, however as he is on a minimal income and no substantial assets, it is likely to not be successful. Furthermore, it is unlikely that he will be able to maintain housing for you and the children, as well as himself given his financial circumstances.

Given the situation I would suggest that you immediately (on Tuesday) attend you local authority housing office and present as homeless. Given that you have two young children in your care you will be deemed in priority need and they will assess their duty to house you and the children.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

Expert:  Harris replied 1 year ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.

Expert:  Clare replied 1 year ago.

My name is ***** ***** I have been a family lawyer for more than 30 years.

Whilst you currently have no legal right to remain you are not currently homeless as your ex has to give you "reasonable written notice" to leave and

since you have two small children - who are also his children - a court is likely to give you at least two months to find alternative accommodation.

In addition you can make a claim using Schedule 1 of the Children Act for the right to live in the property with the children until the youngest child is 18

the form you need is a C1 available here

http://www.justice.gov.uk/downloads/forms/fjr/C1_web_0414.pdf

However unless you would be able, using your own income sources plus his child maintenance to pay the mortgage and the rent then this will not be a viable option I am afraid.

Expert:  Harris replied 1 year ago.

Dear Leah, sorry for my colleagues interjection above, which has basically just repeated the information I have provided you.

Please note that the claim we have referred to for an application under Schedule 1 of the Children Act in relation to financial provision is to be made under Form A1 as I had stated (you can find it here: http://s3-eu-west-1.amazonaws.com/hmctsformfinder/a001-eng.pdf), however, given the limited finances that the father has, it is unlikely that such an application will be successful and you should therefore approach your local authority housing office and make an application as a homeless person.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

Expert:  Harris replied 1 year ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.