Welcome to Just Answer
I am a Solicitor and will assist you.
I am sorry to hear about the difficulties you are having.
Please may I ask:
- have you issued at court for a dissolution?
- where you civil partners at the time your daughter's conception treatment?
- what is the long term plan in respect of the property given its current position?
- are there any other assets for both of you including pensions?
Thank you for your response.
A dissolution is the same as a divorce - it is just the name for 'dissolving' the civil partnership.
Just a few more questions:
- has your ex got the means to live elsewhere?
- have you and your ex talked about when your ex will see your daughter?
Thank you for your response. Please accept my apologies for my delay in responding to you.
It is the position of the courts that it is a childs right to have a good relationship with both of their parents and this should prevail unless there are child protection concerns.
I note that you have been the main carer for the child. I want to reassure you that your daughter will not be taken away from you.
You should try and discuss the time that you daughter will spend with both of you and agree a schedule if possible.
If your ex did remove your daughter and deny you a relationship with her, given that you are the main carer, you can apply to court urgently for your daughter to be returned to you should this become necessary.
In respect of the dissolution of your civil partnership - this is a helpful link as to how to start proceedings:
When one person issues proceedings for dissolution then either party can make a claim on respect of the matrimonial finances.
Whilst I note that the only asset is your property and this is in negative equity - the court can still make decisions as to the property and if it should be transferred to you solely.
The first step would be to try family mediation in respect of the house. They will try and help you both agree what should happen with the house. There are lots of family mediation services and there will be one local to you. Just google family mediation in your area and give them a call to get the ball rolling.
If matters cant be agreed at mediation then you can apply at court for a financial order so that they can make the decision.
In the short term - if your partners behaviour continues then you should consider making an application to the family court for an occupation order. This is an order preventing your ex from utilising her right as a joint owner to occupy the property. These are only short term order - say 6 months - but will give you sufficient time to start to deal with the long term matrimonial finances.
If in the short term your ex is aggressive to you/ assaults you then you should consider contacting the police. If the police consider that a crime has occurred then they can put bail conditions in place to prevent your ex returning for a period of time whilst matters are investigated etc
Do let me know if I can help you further
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I am sorry to hear about the approach that your ex is taking.
The fact that your ex is still sleeping on your sofa does not stop you from filing for divorce. In fact in is quite normal for couples to continue to live togther whilst divorce is ongoing and the finances are being resolved.
Desertion isnt the truth in your situation. I do consider that unreasonable behaviour is the best option for you. You need to choose 6/7 reasons as to why you can longer remain married - such as 'she dint pay me enough attention' etc.
Let me know if I can hlep you further.