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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33283
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Dear Sir or Madam My daughters partner (they are not married)

Customer Question

Dear Sir or Madam

My daughters partner (they are not married) has left her with their two children aged 2 and 4, three weeks ago (they are both the biological parents and the children have his surname). The mortgage for the house they live in is in the name of the partner and his father; although my daughter works and buys everything for the home (Food, clothes and furnishing). The Father provided approximately £70,00 towards the deposit and is also saying that any equity in the house belongs to him)
The father sent an email to me five days ago saying that my daughter and children need to move out and find somewhere to live as he intends to sell the house, he also advised that she should find a new area to live as soon as possible to avoid starting in the new school opposite the house and having to change shortly after when she does move out.

Yesterday he entered the house and asked her brother to leave the property (he was visiting his sister) and locked the door from the inside whilst my daughter was at work, and when she came home she could not get her key in the lock and he wouldn't answer the door. She called the Police and they apprehended him as he left by the back door and stopped him from driving off. They warned him that my daughter has some rights to stay in the property with the children but that he should notify her be letter that he intends to sell the property. Could you advise what she should or shouldn't do next please?
Kind Regards
Jim Brannan
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.
Do you have a specific question?
Customer: replied 3 years ago.

the question is


1.What are my rights to stay in the house with the children?


2. Should I take out a restraining order to stop my ex partners father from entering the house and locking me out again?


3. Do I have any financial interest if the house is sold ?

Expert:  Stuart J replied 3 years ago.

Was the house bought as a family home for the couple and the children? Can your daughter and afford to live in it on her own? Has there been any allegation of violence? You refer to your financial interest and you taking out a restraining order and you staying in the house, but I thought this was your daughter. So, is it you or your daughter that I am advising? The reason I mention that is that you only have rights as a guest. Your daughter’s situation is different. You may or may not have rights for child contact as a grandparent but you have not said whether that is an issue or not. I assume not because your daughter is able to let you see your grandchildren whenever you like

Customer: replied 3 years ago.

1. The house was bought as a family home for the couple and the children (nobody else lives in the property now but my daughter and the children). My daughter could afford the mortgage on her own but it is not in her name.


2. The partner who has left is claiming my daughter has hit him on occasions


 


3. I am asking these questions on behalf of my daughter and if she has any financial interest - not me.


 


4. Grand parent contact is not an issue for me as we look after them whilst she goes to work.

Expert:  Stuart J replied 3 years ago.
Thank you.
I thought so but needed to check.
Has she hit him?
Has he hit her?
Have police been involved?
Customer: replied 3 years ago.

He alleges that she hit him, but no complaints were made to anybody, either then or now.


The police were involved yesterday when his father (who claims he owns the house) locked my daughter out of the house. She called the police and they warned him my daughter has rights to live in the house as I stated earlier. There is a reference number for this incident. My daughter is now back in the house and he left to go home after being warned by the police.

Expert:  Clare replied 3 years ago.
Hi
How much is the house actually worth and how much is outstanding on the mortgage.
How long ago was the property purchased and what agreements (if any) were discussed at the time with regard to ownership and occupation
Claire

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