How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33281
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

I own a property in which my ex partner (never married) lives

Customer Question

I own a property in which my ex partner (never married) lives with our 14 year old daughter and her 25 year old son. I need now to charge her rent on this property. I have have issued her a tenancy agreement. I also pay Child Support for our daughter. She only works part time and has requested assistance with the rent I now want her to pay from the local council. ( Bristol City Council). They, the local authority have refused to assist on the grounds that I am the father of our daughter. I know I have to house our daughter, but her Son is not mine. Where do I stand? I do not wish to sale the property but what else can I do?
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.
Hello, I am Law Denning and I am a practising solicitor in a High
Street practice. I have been an expert on this website in UK law since 2008.
During that time, as you appreciate, I have answered thousands of questions
from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other
users, I might not always respond in
minutes, particularly evenings and weekends. Please bear with me in that
case

It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to advise you fully.

How long were you together?
Customer: replied 3 years ago.


I was with her for 12 years. The mortgate was soley in my name.

Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
I am afraid that there is no chance of your ex receiving Housing Benefit to cover the rent that you wish her to pay.
The Local Authority is able to refuse on the basis of the close personal relationship between you.
In addition you need to be aware that if your ex chooses to make an application to the Court under Schedule 1 of the Children Act then she will be able to remain in the property until your child is 18
If there is currently a mortgage on the property then the court may require her to pay this - but that will depend on the extent of your income and other capital assets.
The only area which could give you leverage is if you are willing to offer a two bedroom property to replace the existing one - since as you so rightly point out you only have to help house your minor child. Alternatively offering her a lump sum to leave could work as if she stays then her rights end when your child is 18
I hope that this is of assistance - please ask if you need further information
Claire
Customer: replied 3 years ago.


Thanks, What if I sale the property? Where would that leave her and Her son and our daughter? Surely I could do this?

Expert:  Clare replied 3 years ago.
Hi
You would have to be able to give vacant possession to the buyer - and if you tried to force your ex out then she could apply to the court for an order allowing her to stay.
If you do want to sell offering her a lump sum could work
Claire
Customer: replied 3 years ago.


Could I charge her Son rent? I took him on as a young lad along with another son of hers who has since moved out. I just need assistance as I have purchased another house to live in.

Expert:  Clare replied 3 years ago.
Hi
Do you have an ongoing mortgage on this property?
Claire
Customer: replied 3 years ago.


Yes, I remortgated the 3 bed property to purchase the 2 bed house I now reside.

Expert:  Clare replied 3 years ago.
Hi
Was it mortgage free before then?
Who pays the nills on the house
Claire
Customer: replied 3 years ago.


There was a small interest free mortgate. I pay, and have always paid the mortgate. I still pay the 2 mortgates. Just seems unfair as I also pay CSA.

Expert:  Clare replied 3 years ago.
Hi
I assume that you are paying maintenance via the CSA?
Claire
Customer: replied 3 years ago.

Yes I pay CSA for our daughter.

Expert:  Clare replied 3 years ago.
Hi
Is there any reason why your ex could not work full time?
Claire
Customer: replied 3 years ago.

No Claire, not to my knowledge. She is a school cleaner and does some dinner lady duties as well. I believe she states she is "part time" for benefit reasons. What are my options? Will the Childrens Act sway in her favour?

Expert:  Clare replied 3 years ago.
Hi
Would you want to swap houses at all?
Claire
Customer: replied 3 years ago.

Hi Claire, I know she swap.That would make her Son homeless.

Expert:  Clare replied 3 years ago.
Hi
Forget what she wants - would you be willing and is it close to your child's school?
Claire

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice