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Ask Clare Your Own Question

Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33316
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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My sons partner wants to leave him with their 2 year old.

Customer Question

My sons partner wants to leave him with their 2 year old. They private rent a house in Peterborough uk which has been furnished by our family and the guarantor is my brother in law. She has been to council to see if they will house her but has been told that she needs a deposit and rent guarantor which her family will not provide. He doesn't know how she is to afford to move but finding her attitude towards him difficult to cope with but will not make her homeless as he doesn't know the consequences of such action and doesn't want his son living in a hostel or b&b. Last month she paid towards the rent for the first time as she has now got an evening job so the top up benefits have now stopped. He is worried that she won't give her share of the rent this month with the aim of putting financial strain on him and me - he thinks that he will be entitled to some help when on his own as he will be doing at least 3 nights childcare a week. Knowing her attitude she will try to hurt him and me financially(I have been helping with bills) and want him to lose everything! She is just 23 and says she shouldn't have to be a homemaker etc at her age and should have a car, holidays abroad etc (she has only worked for about 8 months in the 4 years that he has known her) he is 30 and working 4 days a week with occasional o/time. Can you please advise how to proceed. The uncertainty of her actions is making us all I'll.
Thanks Adrienne ********
Submitted: 3 months ago.
Category: Family Law
Expert:  Clare replied 3 months 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

What does your son wish to achieve?

Customer: replied 3 months ago.
my son realises that his partner will not change her mind about wanting to be in a relationship with him, he therefore thinks it's best that she leaves and as soon as possible. He wants to keep the family home, which is rented via private landlord, and provide a place for his son to stay on the nights he looks after him. my brother-in-law is guarantee and will continue for my son but offer no help to his partner. The house is furnished at my expense so I don't expect her to want or take anything unless they agree between them. He does not want his son living in a hostel or b&b either. She is a good mum and he doesn't want to deprive her of her son and to be helpful where he can but not let her ruin him or me financially - i have been paying the odd bill to help out.
Expert:  Clare replied 3 months ago.

Is there anyone who can act as Guarantor for her?

Customer: replied 3 months ago.
No her grandmother who owns her own house says she won't as it will jeopardise her moving house and getting mortgage next year.
Expert:  Clare replied 3 months ago.

Is her name on the current tenancy?

Customer: replied 3 months ago.
My son's partners name is ***** ***** tenancy agreement - you have to do this for anyone living in the property unless a minor. She has been to see the agent in the past and they have said that she will need a guarantor, deposit and income for rent. My brother in law has said that he will remain guarantor for my son. could he remove her name from the agreement - they have just come out of lease so can he renew in his own name? Also he will need to go to the council to see if he is entitled to a top up for rent as he will be doing quite a bit of the child care. She is currently making no effort to find a place just reminding him that she doesn't want to be there!
Customer: replied 3 months ago.
I do not wish to proceed and have contacted customer service for a full refund of the money already taken from my account
Customer: replied 3 months ago.
Do not phone me
Expert:  Clare replied 3 months ago.

My apologies for the delay

I have asked for your phone number to be removed

I am afraid that your son will not be able to remove his partners name from the Tenancy unless she agrees - or he obtains a Court Order.

The problem is that if he did apply to the court it would be more likely that his Partner would be awarded the tenancy - which is the last thing that you son wants.

The reality is that if his partner wants to be housed by the council then she will have to spend some time in temporary accommodation - it is part of the process.

However most Housing Departments run a Deposit guarantee scheme allowing her to rent privately - if she can find a landlord willing to take her on.

It is more likely that she is angling for one of you to step up and be guarantor - do NOT go there

One option is for your son and his partner to go to Family Mediation

To work out the practicalities of ending the relationship since it is clear that she does not wish to do anything other than complain.

He also needs to make his own enquiries about what help is available from the council for rehousing her - I do not think that she has been honest

Please ask if you need further details

Customer: replied 3 months ago.
thank you for info i will pass it on and contact you again if there are any other queries
Expert:  Clare replied 3 months ago.

You are most welcome - my apologies for the delay

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