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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33316
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Me and my partner separated 3 years ago after he was made redundant. I

Customer Question

Me and my partner separated 3 years ago after he was made redundant.
I have remained in the house with the children now aged 14 and 16
We have no mortgage and we both own the house outright.
He now says that if I don't let him have the endowment that we have just Been paid today which is £35000 he will move back in the house with the kids and he told me he wants me out.
Can he do this?
He says I am living in his house rent free whilst he has been living with his girlfriend and paying rent. He has only paid me £250 a month over the last 3 years for the kids - which is no where near enough - I did't pursue him for more because I realised he had to leave the home and pay rent etc elsewhere. He had a good redundancy and has shares etc and has just acquired half of his mums house which is approx. £135,000 but chooses not to work.

I work horrendously long hours to keep this house and kids whilst he does nothing.

Can he force me to move out and he move in?
My kids would not stay with him anyway.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
How much is the house worth and what income do you each have?
Were you married?
Clare
Customer: replied 3 years ago.

Hello Clare


The house is worth approx £250,000


I earn 12,000 he does not work and lives off his pension of £1000 per month and what ever redundancy money he has left. He does some photography too.


Er were together 26 years but never married.

Expert:  Clare replied 3 years ago.
Hi
How much does a three bedroom property in the same general area cost?
Clare
Customer: replied 3 years ago.
This is a 4 bed house
A 3 bed house would be about £200,000
I do have about £30,000 coming to me from the sale of my mums house soon.
But I am worried that he can just kick me out now
Customer: replied 3 years ago.
Because I have lived here for 3 years with the kids he says he wants me out and wants to live here for 3 years with the kids until they reach 18 and then sell the house
Expert:  Clare replied 3 years ago.
HI
He cannot force you to leave the property - but neither can you prevent him from moving back in unless there is an incidence of violence.
Since you were not married he has no claim on your capital - not you on his,
Together the house and endowment come to £285,000 and you are entitled to 50% each
Your ex is under a duty to help you house the children until they are 18 - so he can only force a sale if he is willing to letyou have sufficient extra to purchase a three bedroom property - with him receiving the balance back when your youngest is 18
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.
So he cannot force me out
Can I change the locks?
Expert:  Clare replied 3 years ago.
Hi
No he cannot force you out - but sadly neither can you change the locks and exclude him
Clare
Customer: replied 3 years ago.
Sorry
Last question for you
Should I have to compensate him
Ie. let him have the 30,000 because he has to pay to live elsewhere
Albeit with his girlfriend
When he has not paid adequately for our children and I have not bothered him about it because I am aware of that?
Expert:  Clare replied 3 years ago.
Hi
If there were no children it is an argument he could have used - but since he is under a duty to help house the children until they are 18 it is not one the court will sustain
Clare
Customer: replied 3 years ago.
Thank you
You have been very helpful.
Beverley
Expert:  Clare replied 3 years ago.
Hi Beverley
You are most welcome - I hope all goes well
Clare
Customer: replied 3 years ago.
Do you think I am being unreasonable?
Expert:  Clare replied 3 years ago.
Hi
No Not at all - and neither will the court.
The money should be shared equally between you
Clare

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