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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34277
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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How does my son stand if he evicts his estranged partner from

Resolved Question:

How does my son stand if he evicts his estranged partner from his house by putting all her belongings outside the door and changing the locks.
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?
What financial contribution has she made to the property?
Clare
Customer: replied 2 years ago.

she has made no financial contribution to the property the property is mortgaged to me as it belonged to me and my son pays on monthly instalments. On behalf of my son I have paid her £10000 to move out, but now she is demanding another £40000 to move out by the 23rd Feb

its all getting a bit silly and I don't have a bottomless purse!

Expert:  Clare replied 2 years ago.
Hi
Has he given her written notice to leave and what has been agreed about the child?
Clare
Customer: replied 2 years ago.

They agreed she would move out on receipt of £10,000. which she has done apart from 4 horses in his stables. Child care has been arranged at 50% each, but she now says she is going to apply for full custody. She says she will move her horses out when she has the £40,000.

She came back to feed her horses yesterday and created a scene said the most hurtful things and attacked my son and spat and scratched him like a mad woman. There were witnesses who are prepared to make statements and the police were called, its all getting really nasty and in the middle of all this is an innocent four year old boy.

Expert:  Clare replied 2 years ago.
Hi
For clarity then - she has in fact moved out.
Only her horses remain?
Clare
Customer: replied 2 years ago.

yes, but it means she comes to the farm twice a day to feed them and shouts and screams at my son and anyone else who happens to be around.

She is renting a property about five miles away from the farm, which is isolated in the middle of the New Forest.

We need her horses moved as they are taking up three stables for which we are receiving no rent. There are customers waiting to move in and she's just being a dog in the manger!

The liveries are my son's only income as his partner took money from his building business although we cannot as yet prove it. So at the moment, every penny counts.

Expert:  Clare replied 2 years ago.
Hi
What did the police do yesterday
Clare
Customer: replied 2 years ago.

They took my youngest son's name and date of birth, but they did not take any witness statement, they talked to both partners separately and told the estranged partner to keep away from the farm. Any contact must be made through leaving correspondence etc at the local post office and queries are made by mobile phone. My son collects his boy on the days agreed and she takes him to school, so that's how they do the changeover.She now says she is going to apply to the Courts for full custody even though she is on calming pills daily, and if she doesn't take them she goes completely out of control. My son is horrified as he feels she is not capable of looking after the boy full time on her own. She forgets to collect him from school and loses him when they go shopping in the supermarket.

Expert:  Clare replied 2 years ago.
Hi
What happened when she fed th ehorses last night/this morning?
Clare
Customer: replied 2 years ago.

She didn't a friend of hers did them last night and my son did them this morning, but he doesn't want to continue in this way as he needs to be with his son, and not leave him alone while he goes down to the yard.

Expert:  Clare replied 2 years ago.
Hi
In fact your son will not be evicting his ex - she has already left, which makes matters much more straightforward.
Your son should give her seven days written notice to move the horses and say that at the end of that period he will arrange for the horses to be delivered to her property and will bill her for the cost of that.
He should also tell her that in view of her behaviour she should make alternative arrangements for the feeding and care of the horses and that if she does not do so he will call the RSPCA.
He should make it plain that if she personally attends the property he will call the police
there is no longer and legal concept of Custody - sole or otherwise - and the chances of her obtaining an Order that changes the current arrangements is slim to nil.
Please ask if you need further details
Clare
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