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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33315
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 son is being verbally and physically abuse by his

Customer Question

My son is being verbally and physically abuse by his girlfriend of 7 years and he believes she is doing it to force him to leave the house.
They have three children, 2 months, 5 years and 6 years.
The house belongs to my son, he is the only one on the mortgage and he put £40k from an inheritance into refurbishing the house to a good standard.
Can she make him leave? If he goes to a hotel for a few nights to let things cool, can she stop him from returning? Can she keep the house until the youngest is 18? This is what she is telling him.
Submitted: 2 months ago.
Category: Family Law
Expert:  Clare replied 2 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

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

Customer: replied 2 months ago.
Property is shared ownership and my son owns 40% share which is valued at circa £90k He has a mortgage of around £40k
Expert:  Clare replied 2 months ago.

If they separate where else could his ex and the children live?

Customer: replied 2 months ago.
She would have to rent somewhere with Housing Benefit, which is what she did until they decided to live together.
Customer: replied 2 months ago.
This is quite urgent so would be grateful of advice as he is saying he is going to go to a hotel tonight to let her cool down. I am concerned that if he does that, she won't let him back in.
Customer: replied 2 months ago.
Hello..... are you going to answer my question?
Expert:  Clare replied 2 months ago.

My apologies for the delay - I have been in court.

Technically his ex cannot exclude him unless she obtains a Court Order as a result of him being violent.

However he must be very careful as it is horribly easy for a woman to accuse a man of violence and be believed - from that point of view staying away tonight might be a wise move.

In the long term I have to be blunt - under Schedule 1 of the Children Act your son is under a duty to help house his children until they are 18 and this could mean that she would be able to remain in the property until the youngest is 18 or she cohabits - at which time she would have to leave and the property would revert back to your son

However she would have to be able to meet all the outgoings - including the rent in the 60% your son does not own.

An alternative would be to offer here a lump sum to leave - since she would not receive anything at all if she waits

I appreciate that this is nit the news you were hoping for but it reflects his legal position

Please ask if you need further details

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