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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My partner moved into my house last year. I rented my house

Resolved Question:

My partner moved into my house last year. I rented my house out to tenants in November in order for us all to live in a bigger house (renting) because he wanted a divorce from his wife and wanted his daughters (2 - 16 and 18yrs) to live with us and my son (18 yrs). We have been renting since October 2012 and we have both signed the tenancy agreement. Recently my partner has said to me he wants me to move out because he doesn't love me anymore and no longer wants a relationship but is happy for me to sleep on the sofa and maybe have sex now and then. I have no where else to go and am now staying at my friends to think. I have left my dog, my son and all of my furniture. Where do I stand legally? Am I common law wife and my ex partner owns his own company. Am I entitled to any compensation for inconvenience bearing in mind my ex partner has told that I have served my purpose and now that he has finished paying off his ex wife, he no longer needs me to contribute towards the rent and therefore wants me out.
Submitted: 4 years ago.
Category: Law
Expert:  Joshua replied 4 years ago.

Josh-2010 :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Josh-2010 :

Has he been violent to you in any way please?

Josh-2010 :

If I understand correctly you have no childen together and do not own a joint property but are jointly named on the tenancy?

Josh-2010 :

Do you want to move back in to the property or move somewhere else ideally? Could you afford the latter on your own?

Customer:

Yes he has kicked me out of the bed and I ended up breaking my nose but I didn't go to hospital - about 4 months ago. When I was on the sofa on Monday night he virtually forced me into having sex with him and kept saying that if I didn't want to I should tell him to stop. I did say stop but he carried on.

Customer:

Yes that is correct we do not have children together but we are jointly down on the tenancy agreement.

Josh-2010 :

Thanks. Have you now involved the police in respect of a complaint of rape or assault or if not would you wish to?

Customer:

Ideally I would like to move back to the property until my property becomes available after my tenants move out as I have too much stuff to move out and it is inconvenient. I can afford to rent somewhere on my own and my counsellor has advised I move out of the house for my own sanity. I just wondered where I stand legally? He has told me he can now afford to pay for all of the rent as he has now finished paying off his ex wife.

Josh-2010 :

Thanks. There are a couple of approaches here with regards XXXXX XXXXX accommodation. You can consider applying for a non molestation order. This is a court order aimed at preventing your partner from using or threatening violence against you, or intimidating, harassing or pestering you, in order to ensure your health, safety and well-being. You can also consider applying for and occupation order providing that you can live in the property for a period whilst you find somewhere else to live if you wish. This would also allow you to recover your possessions unless he removes them from the property. Ideally you would have some evidence of abuse you claim and therefore a report to the police and or social services may be considered. You may ask your counsellor to support you in this respect.

Customer:

It is also very difficult to get a property to rent that would let me have my dog with me so ideally I would prefer to live in the house but know that he will never come near me again and not be violent in any way. Am I entitled to any kind of compensation if I did rent another property elsewhere. As he stayed at my property which I now rent - rent free and I have paid him £800 month. The total amount of the rent at the property we are now at is £1,500. Am I classed as a common law wife?

Josh-2010 :

You have the right to your belongings. You do not have any rights vis a vis your partner in terms of a financial settlement following the end of your relaitionship in and of itself other than the return of your belongings and any money you may have lent him. Common law wife as no legal standing in the UK though there are calls to change the law in this respect. Unfortunately if you allowed him to live in your property rent free it is not possible to retrospectively charge him rent for the same.

Josh-2010 :

You do have a potential claim against him for assault and harrassment and rape could launch a civil claim against him but you would need to prove that such actions happened on the balance of probability. Unless you involve the police this would be more difficult to show potentially.

Josh-2010 :

In terms of eventually moving to a different premises whether or not you decide to pursue a non molestation order or occupation order in the meantime as above, you would need to look to the landlord to remove you from the tenancy by virtue of a Deed of Variation to the tenancy. If the landlord refuses then you would need to consider seeking an indemnity from your ex partner for you share of the rent.

Josh-2010 :

You can apply for the above orders using the below form:
http://hmctscourtfinder.justice.gov.uk/courtfinder/forms/fl401_1097.pdf

Josh-2010 :

Does the above answer all your questions or is there anything I can clarify or help you with any further?

Customer:

I have not involved the police in respect of a compalint of rape or assault.

Josh-2010 :

Depending upon how you wish to proceed in respect of your above options you may consider doing so as a report will strengthen your position potentially in respect of any of the above applications.

Customer:

Can you please tell me exactly what is involved in a non molestation order and what it covers. Also, can you please let me know how much this costs. Does the non molestation order give me the right to stay there and where do I have rights to sleep?

Josh-2010 :

Certainly. A non-molestation order is aimed at preventing your ex-partner from using or threatening violence against you or your child, or intimidating, harassing or pestering you, in order to ensure the health, safety and well-being of yourself and your children. An occupation order determines who can live in the family home, and can also restrict your ex partner from entering the surrounding area. If you have left the home because of violence, but want to return and exclude your abuser, an occupation order is likely to be the appropriate choice.

Josh-2010 :
Applications for the above orders are either held at the Magistrates' Family Proceedings Court or the County Court normally. The application will be in a closed court ('in chambers') and no one who is not directly concerned will be allowed to attend. No members of the public will be there and this provides a degree of privacy.
Josh-2010 :
You will need to make a sworn statement to the court about the physical and emotional abuse you have suffered. You will need be as precise as possible including dates and times if possible and the effects on you and your child. It may help if you have kept a record of past events, or if you have independent evidence, such as police reports or medical records.
Josh-2010 :

There is a £60 fee for the application.

Josh-2010 :

Is there anything else I can help you with?

Customer:

Thank you for your help. If there is anything else, I will get back in touch.

Josh-2010 :

A pleasure. Please do

Josh-2010 :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me.

Customer:

Just one last question.

Customer:

Although I am now staying at my friends flat for a week till things calm down. Do I have rights to go back there at any time?

Customer:

Just one last question.





12:28 PM



Although I am now staying at my friends flat for a week till things calm down. Do I have rights to go back there at any time?



Customer:

I do also have another question. If I did go back to the house after a week of being away to let things calm down, where would I be allowed to sleep. Also, if he did become violent which he will, can you please let me know how I get the police involved.

Customer:

Thanks

Josh-2010 :

certainly. I am just out on an appointment. may I revert to you after 2.30pm?

Josh-2010 :

Thanks for your patience...

Josh-2010 :

If you are named on the tenancy then unless your ex partner has obtained a court order ordering you not to return which is unlikely and if he had you should have received service of papers, then you are free to go back to the property and in deed live there as you are named on the tenancy.

Josh-2010 :

Although legally you have the right to do so however practically based on what you have said it could be less than an ideal idea as it could potential expose you to further abusive behaviour.

Josh-2010 :

You can sleep where you wish legally in the same way as abov but again from a practical point of view you will wish to consider this point carefully.

Josh-2010 :

To involve the police you can simply either go to the police station or telephone the local station and make a complaint against him. They will likely arrange for you to give a statement in the matter and will investigate the matter as they see fit.

Josh-2010 :

Is there anything else I can help you with?

Customer:

Thank you, XXXXX XXXXX be going to the police this evening. I think I have to think about my own sanity here, and no matter what legal papers and finances etc., are arranged, I don't want to go back there and do the non molestation order or the occupation order simply because I want to get another property and rent it out etc.,

Josh-2010 : I wish you well in resolving he matter. If I can assist further in the future please do not hesitate to contact me
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