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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1939
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I've an ex partner who refuses to leave. Who contributes

Resolved Question:

Hi I've an ex partner who refuses to leave. Who contributes nothing ttowards housework, doesn't adequately support his two daughters only gets groceries and can barely get himself to work, makes us live below the headline and borrow from payday loans and my mother. He abuses Me and has stolen my savings. Please hhelp. His name is ***** ***** minimally but bought it. God please call me I dont know what to do
Submitted: 5 months ago.
Category: Family Law
Expert:  Harris replied 5 months ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Are/were you married to your partner?

-Do you have children together, if so what are their ages?

-What is the property worth and what is the outstanding mortgage?

-Is his name definitely on the title of the property and is it as joint tenants or tenants in common?

Customer: replied 5 months ago.
We aren't married. I have a son from a previous relationship who is 6, daughters with said ex who are two and four.
The property is a renovation bought for forty something thousand two years ago. He has acquired planning permission and done some work but not a lot. It hasnt been valued but I don't want his name on it as he has taken everything and taken the children's money too. I wish to renovate In the future and want his name off. He paid nothing towards it or work done and stole twenty thousand direct from my account. Misused 10K left to me in a will and leans on me financially. Frequently is unemployed and gives nothing back or to live on day to day.
Expert:  Harris replied 5 months ago.

Thank you for confirming - the news is not good. Given that his name is ***** ***** title, you are not married and have no children together, and in the absence of any formal agreement between you regarding contributions, he would be entitled to a share of the equity in accordance with his share of the title. Therefore if it is as joint tenants or tenants in common in equal shares he is entitled to 50% of the proceeds of sale. The good news is he cannot force you to sell the property, and if he wished to be compensated for his legal interest he would need to pursue a court application and you can raise the issues of his non-contribution towards any significant work done which increased the value of the property.

I appreciate that this may not be the answer you would have hoped for but 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.

Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1939
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Family Law Specialists are ready to help you
Expert:  Clare replied 5 months ago.

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

I note that in fact you DO have children together and that the property was purchased in joint names.

I also note that he has taken up to £30,000 from you - some of which was used on the property.

My colleague did not ask how the original purchase was funded - nor check for certain the mortgage position

Since you need the property as a home for the chidlren you can apply to the court for an Order under Schedule 1 pf the Children Act to force your ex to leave and allowing you to stay.

At the same time you can make a Claim using the Trusts of Land and Appointment of Trustees Act for an Order dealing with your respective financial interests in the property.

Please ask if you need further details

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