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?
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.
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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)