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 Joshua Your Own Question

Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
35043042
Type Your Law Question Here...
Joshua is online now

Hi, I would like my ex partner to leave my solely owned property,

Resolved Question:

Hi, I would like my ex partner to leave my solely owned property, she is refusing to do this, we have a 11 year old child together, we have not been together for 2 years but have been co-habiting for about 13 years, she has never payed any money towards the mortgage or upkeep of the property, she is now claiming that she is entitled to half my assets (the house).

I have told her Im willing to help financially with my child when she moves out.

Any advice would be very welcome.
B.
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I ask what accommodation would be available for your ex partner if they were to move out of your property please?

Customer:

Hi, I believe she has applied for for a council house and has been put on a waiting list.

Joshua :

Thank you.

Joshua :

The starting point is that your ex partner has no claim on your property whatsoever unless she can show that she has made capital contributions towards your property - e.g. capital repayments against the mortgage or paying for improvements.

Joshua :

Otherwise her personal rights do not extend beyond reasonable notice from you to leave. So far this is relatively straightforward and you need only give her reasonable notice to leave. However all of this is subject to what follows because there are children involved.

Joshua :

Your ex partner can consider making an application under schedule 1 of the Childrens Act under which a judge has discretion to make orders in respect of the property for the benefit of your child until they reach 18 years of age or finish education. He may consider an order that the property is made available your child until such time as they reach 18 or finish education or some other financial order in respect of the property whereby a greater share of the equity is made available to your ex partner for the benefit of your child. The important thing to remember is that such orders are considered from the point of view of the welfare of your child rather than your ex partner though the two to some extent go hand in hand. The judge's determination will depend greatly on your individual levels of income and circumstances.

Joshua :

A principle aim of a judge will be to secure a home for your child. Once that is achieved the focus will switch toward reasonable maintenance provision. In terms of child maintenance in general terms the highest net weekly income that the Child Support Agency can use for the purposes of a calculation is up to a maximum of £2,000.00. After this an application to the court would be required for a "top-up" under schedule 1 of the children's Act. They can look at 20% of your net income for maintenance less a discount for nights your child may spend with you.

Joshua :

There is a useful calculator you can use to see what the CSA would likely assess as the due maintenance if your partner were to apply to them:

Joshua :

http://www.cmoptions.org/en/calculator/calculator.asp

Joshua :

The principle issue is one of adequate accommodation being available for your child. If this can be satisfied then the likelihood of orders in respect of your property for your childs benefit are reduced.

Joshua :

Ideally if you can assist in securing alternative accommodation for your ex partner even if this is just supporting her with the process this could be beneficial simply because once your child has security in terms of accommodation a principle purpose of her rights under the Childrens Act as above is fulfilled. If alternative accommodation cannot not be secured or provided for it is unlikely that a court would allow that she would be required to move out if this would make her potentially homeless with your child.

Joshua :

However none of the above give your ex partner a claim against your house directly. Her rights personally are limited as above which are likely very limited if non existent. Her only rights beyond that are framed in terms of welfare for your child.

Joshua :

Is there anything above I can clarify for you any further?

Customer:

I think thats fine, so just to clarify she has no rights to the property if the child has accomadation somewhere else with her.

Joshua :

She personally based on what you say has no rights to the property at all other than reasonable notice to move out. Any potential interest she can seek in the property will be based in terms of welfare for your child and the principle aim of this legislation is not to transfer equity from you to her - it is to ensure that your child is maintained and has adequate accommodation.

Joshua :

Is there anything else i can help you with?

Customer:

No thank you very much.

Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and other Law Specialists are ready to help you

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
< Previous | 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
 
 
 

Related Law Questions