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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33319
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I live in a house which I am the sole owner with my two

Customer Question

I live in a house which I am the sole owner with my two children and now my ex partner, we are not married no cohabitation agreement in place I recently found out she has been having an affair for 3 years she refuses to leave even tho I have offered financial assistance with regards ***** ***** provide she gos to her own solicitor an grants me entitlement to see my children every other day an every other weekend, can I serve her an order to leave as shes out most nights an weekends returning early afternoon Many thanks Andrew Isaacs

Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
How old are the children?
Clare
Customer: replied 2 years ago.

The house is vauled around £250,000 no mortgage children are 4 &7

Customer: replied 2 years ago.
Relist: Answer came too late.
Customer: replied 2 years ago.
Relist: Answer came too late.
Customer: replied 2 years ago.
Relist: Answer came too late.
Customer: replied 2 years ago.
Relist: Answer came too late.
Customer: replied 2 years ago.
Relist: Answer came too late.
Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay - the matter fell of my list when you re-listed it.
Who has had the day to day care of the children until now?
Clare
Customer: replied 2 years ago.

We both have shared taking them to school and we used to both look after them after school untill there bed times, but now my ex partner refuses to let me take them to school or pick them up afterwards. The children are back with me normally quater to four in afternoon most days then around 530pm most days my partner leaves and returns around 6/7pm. I put my youngest to bed whilst my ex partner puts my eldest to bed as she dose not let me settle my eldest for bed any more. Then about 7/8 pm as soon as children are asleep she leaves and returns 11pm-2am most nights on weekends Friday night she normally gos clubbing and leaves no later than 8pm regardless if children are in bed or not returning Saturday morning from 730am to 2pm spending most of the day sleeping. I meet her new partner by accident with her in the vehicle he was very threatning and did not deny being her new partner. I reported the inccident to the police on the 18th October as since we meet I have had vehicles I do not know parked up outside my house and two days ago my partner threatned me with sorting me out with regards ***** ***** holding me down which I have recorded on my mobile phone. I no longer feel safe in my house and concerned with my childrens safety I have reported every thing which has happened I have reported to the police but they seem not to be concerned as I feel now. I would like to change the locks to my property and have a new code for the alarm system put in but I am not sure if im allowed to do this can you please advise?

Expert:  Clare replied 2 years ago.
Hi
How much does a cheaper three bedroom property in the same general area cost to buy?
What income do you each have?
Clare
Customer: replied 2 years ago.

Cost for cheaper house now starts from £260,000 I am selfemployed and my partner is a part time student

Expert:  Clare replied 2 years ago.
Hi
What income do you have?
Clare
Customer: replied 2 years ago.

£9,600 PA, my partner I am not sure what income she has

Expert:  Clare replied 2 years ago.
Hi
I am afraid that you cannot simply exclude her from the property.
You COULD give her "reasonable written notice" to leave (in this case at least two months - possibly three)
However you are in a potentially precarious situation.
She can apply to the court under Schedule 1 of the Children Act for the right to remain in the property (without you) until the youngest child is 18 - or she cohabits
The catch for her is it when she leaves she walks away with nothing.
You can however offer her a lump sum if she agrees to go now.
After all she already has a new partner so there is a chance that she would want to cohabit sooner rather than later so that could work for her.
You need to discuss what happens next with her using Family Mediation
www.familymediationehlpline.co.uk
so that a Parenting Plan and a clear documented financial agreement can be made
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Am I entitled to sale my property even if she objects? Am I allowed to change my propertys locks?

Expert:  Clare replied 2 years ago.
Hi
You can change the locks if you give her a key.
You can try and sell the house - but since you cannot give vacant possession you may have a problem
Clare
Customer: replied 2 years ago.

So if I put my property for sale my ex partner could prevent me from selling? What are my options? If I was to leave the property for any period of time by doing so do I give up any rights to my property?

Expert:  Clare replied 2 years ago.
Hi
You would need to resolve the issue of her vacating before you could complete the sale.
Moving out does not change your rights but it does diminish your negotiating options
Clare
Customer: replied 2 years ago.

I need an opinion of some

one else

Customer: replied 2 years ago.
Relist: Answer quality.
Expert:  Clare replied 2 years ago.
Hi
I am sorry that you felt that my service was bad meaning that I get no credit for my time.
The simple fact is that if you exclude your ex immediately by changing the locks she will be able to make an immediate claim to the court allowing for her to move back in and forcing you to leave
I am afraid that the threats of the bouncers is not enough to justify your action
Nor does the fact that she spends so much time away from the house does not change this
In the long term if you wish to avoid a position where she stays in the property until the youngest child is 18 then you are going to have to offer her £5,000 or so to go,
Moving out before you resolve it will encourage het to think that she can stay AND profit
Clare
Customer: replied 2 years ago.

How would my position stand if one or both what I thought were my children are not mine?

Expert:  Clare replied 2 years ago.
Hi
If the children are NOT biologically yours then you have no responsibility to house them and you can simply give her "reasonable written notice to leave" (at least two months as there are children involved) but if even one of them is yours then your position is as above
Clare

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