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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2848
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I need to remove my partner from the family home we have a 8

Customer Question

I need to remove my partner from the family home we have a 8 yrs old child the property is owned outright with both our names on deed
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Please would you confirm what has happened and if there has been any domestic abuse between you, if so what and when were the incidents?

Customer: replied 1 year ago.
Hi there is no domestic abuse but mental abuse we don't do anything together weekends he spends his time taking son out when I ask about going with them he says you take him out then I will stay here also we don't have anything in common not even friends he is a wealthy property developer he pays bills and buys food which comes to about £550 a week he insists that I do not go out to work and if I did get a job then I would not be allowed to use the car he bought me..he bought an house which is in his name that he rents out and I have the £600 a month from this for myself which works out about £20 a day this he says is my income so I don't need to work I go to bed about 8pm every night because it's got to the stage that I just can't stand being around him and I don't think our boy is being bought up in an healthy environment...also he has never divorced his wife who owns 49% of the business i have asked him to put things in writing legally with his solicitor because I know that if anything happens to him his wife will be entitled to everything that is in his name including half of my home but all he says that he will die from an illness which will give him time to put his affairs in order I can't live without this uncertainty anymore..I've got no sercurity for myself or child I have no savings so I don't know how I can afford a legal person to fight my case I just want to live in the home with our son I would have no problem with him seeing/having our son I just can't carry on living like this and being so unhappy when I tell him how I feel all he says is that he is ok and happy how things are.
Expert:  Harris replied 1 year ago.

Thank you for confirming. Unfortunately as his name is ***** ***** title of the property he has a legal interest in the property and has a right to occupy it. This can only be restricted if there is a court order in place, such as an occupation order. You will need to prove that there is a risk towards you and that he can maintain himself elsewhere in order to exclude him. This can be done under form FL401 to your local family court.

Furthermore, if he attempts to force you from the property, or attempts to sell it, you can apply to court under form A1 in order to remain in the property for the benefit of your child - and if the court agrees you can have an order that allows you to remain until he reaches a certain age, for example finishes education, and after which for it to be sold and proceeds divided between you.

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 your question without a positive rating. Thank you.

Harris and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi how much would it cost me to instruct a solicitor to act on my behalf to deal with the situation I am in
Expert:  Harris replied 1 year ago.

It would depend on what course of action you wish to take, but on a privately-paying basis it will not be cheap for either route.