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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34233
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Good evening, I am in a complete mess and need help urgently.

Resolved Question:

Good evening, I am in a complete mess and need help urgently. I have recently split up with my partner 3 weeks ago after he has stated it is over. We have a 8 month old daughter who is in hospital and has been for 5 months with growth issues relating to her stanch size. He is named on the mortgage And ownes the property. I paid for all of Sophie's goods and nursery feed was myself. I am currently on extended maternity leave due to Sophie's my daughters bad health. We are not expected to be out before feb march time. Adam my ex partner has given me notice saying Sophie and I must be out of the property before 1st feb 2015 at 1800. I have explained this is unreasonable notice as I will still be in hospital at this time and because I am on maternity leave can not afford a new property or qualify for housing. Equally he is stating he can come into the hospital and phone the ward to find out all the information about Sophie as he likes. As I am currently living in the hospital with her this frightens me as I don't feel safe knowing he can just enter and keep phoning the ward. When he has got angry in the past or example when I was pregnant he throw drinks at me and slammed his arms and punched the walls next to me on many occasions including infront of my mother. I an asking whether I am able to have him stopped visiting and calling the ward and to see if I have any way of enforcing me I stay long enough in the property to afford some where new. Sorry this is a ramble I'm very stressed and frightened. Regards steph
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.
Is he named on the birth certificate?
How much is the house worth and how much is outstanding on the mortgage?
Clare
Customer: replied 2 years ago.
Yes he is named on the birth certificate. As far as I'm aware the mortgage as it is on a scheme where he will only ever own 75% is worth 180000. His mortgage is for the 180000 with very little if any equity.
Expert:  Clare replied 2 years ago.
Hi
How much does he earn - and what lump sum would you need to rehouse yourself in a rental property?
Clare
Customer: replied 2 years ago.
He earns according to the CSA is £783.94 per week. The average price of two bed flats in my area to rent is £850-950 per calendar month. Steph
Expert:  Clare replied 2 years ago.
Hi
But how much would you need to start with?
Clare
Customer: replied 2 years ago.
To be honest because I am on maternity unpaid leave at the moment I would need payment until I was back to work which is currently expected to be June but dependant on my daughters health stabilising. Steph
Expert:  Clare replied 2 years ago.
Hi
What benefits are you entitled to?
Clare
Customer: replied 2 years ago.
At the moment only the standard child tax credit of £80 something a month. Apart from that I am not entitled I anything, when I return I will be entitled to workin tax credit.
Expert:  Clare replied 2 years ago.
Hi
What family support do you have locally?
Clare
Customer: replied 2 years ago.
I have a mother who is about 40 minutes away from me who works full time.
Expert:  Clare replied 2 years ago.
Hi
Could you and the baby move there IF NECESSARY (this is about assessing the strengths and weaknesses of your potential case)
Clare
Customer: replied 2 years ago.
I could just about afford to rent for about 3 months before running into difficulties financially
Expert:  Clare replied 2 years ago.
Hi
How much would you need for a deposit and the first months rent?
Clare
Customer: replied 2 years ago.
Deposits in this area that I've seen are around 1800 for an 800 flat
Expert:  Clare replied 2 years ago.
Hi
You have no legal right to live in the property if your ex no longer wishes you to be there.
However he does have to give you "Reasonable notice to leave" an din the circumstances he has not done so.
In addition he is under a duty to help you house the child until the child is 18. This could mean that you could live in his house (without him) until the child is 18 - however at that point you would have no financial claim on the property.
It might be more realistic to ask him for a lump sum to allow you to find a new property to rent
You can check what your benefit entitlement would be here
http://www.turn2us.org.uk/benefits_search.aspx
and your ex will also have to pay Child Maintenance at the rate of 12% of his Gross Income.
I am afraid that he has Parental Responsibility for the child and is entitled to phone and visit the Ward if he wishes.
However if he makes threats or is violent towards you then you can apply to the court for an Order excluding him.
I hope that this is of assistance - please ask if you need further details
Clare
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