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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33519
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 a problem. Me and my partner are getting separated.

Resolved Question:

Hello,
I have a problem. Me and my partner are getting separated. We never got married. Just living together. We have a child in comum who is six years old. The house we have been living the last 4 years is in my name only (the mortgage is in my name). But she wants to stay there and me to go. Does she have the right to check me out?
Submitted: 3 months ago.
Category: Family Law
Expert:  Harris replied 3 months ago.

Hi, thank you for your question. Have there been any previous agreements or deeds of trust regarding the home? Is the child yours and what are the arranges for the child upon separation?

Customer: replied 3 months ago.
No previous arrangements or deeds of trust regarding the home. Mortgage is in my name only and the house is registered only in my name. The child is mine as well and we have not agree in anything if finally separated. She just wants me to move out and she stays there. The problem is that she does not have a permanent job. Her contract is finishing in January and she might not get it renew. So if I accept and she losses her job I will be paying mortgage renting and bills of two housing. That would be too much.
Expert:  Harris replied 3 months ago.

Thanks for confirming. As you are not married, there are no agreements and the home is in your sole name, legally she cannot force you out unless there is a court order excluding you from the property. You are entitled to occupy the property and you are allowed to ask her to leave upon reasonable notice. If she can demonstrate that she cannot suitably house herself and the child anywhere else, which includes council or temporary accommodation provided by the housing office, then she can apply to court for you to provide housing but she must demonstrate that you have the means to support yourself and her separately.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

Expert:  Clare replied 3 months ago.

My name is ***** ***** I have been a family lawyer for more than 30 years

Just to add to the above in fact the housing needs of the child are of greater importance and temporary homeless accommodation is NOT seen as suitable by the court.

However - she would have to be able to afford to live there without your paying the mortgage (but with you paying child maintenance)

Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33519
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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