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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34276
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I have just been told that me and my grown children will be

Resolved Question:

i have just been told that me and my grown children will be getting kicked out of the family home on my sons 18th birthday by my ex partner who left us in 2004 to pursue a relationship with another woman. We are just wandering if he has legal rights to make us homeless as he intends to sell the house from underneath us .Me and my daughter and son have lived here for 17yrs and paid the bills for 12 yrs my ex partner pays the mortage and council tax .
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Who actually owns the property?

How much is it worth and how much is outstanding on the mortgage?

Did he also pay child maintenance

Please confirm that you were not married

Customer: replied 1 year ago.
my ex partner owns the propertyestimated around 600,000 he is just paying interestyes he paid child maintancewe was not married
Expert:  Clare replied 1 year ago.

Did he ever make any promises about the future?

Customer: replied 1 year ago.
not so much to me but he did tell the kids he would never make them homeless and my daughter is 8months pregnant
Expert:  Clare replied 1 year ago.

I have grim news I am afraid.

Your right to remain in the property ends when your son is 18.

This does not mean that your ex can kick you out the next day - but it does mean that he can give you "reasonable written notice to leave" - and in these circumstances that should be aleast three months.

This has happened because you were not married and therefore have no claim on any assets that were not in joint names.

If he has not paid child maintenance as well as the mortgage then you might have had a better chance

Sadly the promises to the chidlren have no legal value.

I am so very very sorry for this

Please ask if you need further details

Customer: replied 1 year ago.
thank you very much for ur help
Customer: replied 1 year ago.
i am not intiltled to anything as i bought the kids up on my own for 12 yrs and paid all bills inside the home
Expert:  Clare replied 1 year ago.

I wish I could tell you that you are - but despite talking about it for many years still nothing has been done to help people in your position who were not married

I am sorry

Clare and other Family Law Specialists are ready to help you