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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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What is the legal position where a boyfriend will not move

Resolved Question:

What is the legal position where a boyfriend will not move out of his girlfriends house. It is solely owned by his girlfriend. She has two small children and cannot even get her car out as he is parked behind her. She is frightened to go back.
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 long has it been since they separated?
Where are she and the children living at the moment?
Clare
Customer: replied 2 years ago.

she left on Saturday and are living at her Mums.

Expert:  Clare replied 2 years ago.
Hi
Has there been any physical violence involved?
Clare
Customer: replied 2 years ago.

he has threatened her when he has lost his temper. some bruising on arms.

Expert:  Clare replied 2 years ago.
Hi
When was that?
Clare
Customer: replied 2 years ago.

Friday 20th February

Expert:  Clare replied 2 years ago.
Hi
This girl has three possible ways forward.
She can give her ex seven days written notice to vacate the property and at the end of that time wait until he leaves the property and then return ther, change the locks and call the police if he tries to re-enter the property
She can in fact simply wait until he leaves the property and do as above,
There is a small risk that if she takes this option the ex will apply to the court for an Order allowing him to return for a week or so on the grounds that he needs time to move. It is a small risk but a possibility.
The third option is to apply to the courts for an Occupation Order allowing her to return and excluding her partner
You can read more here
http://www.marilynstowe.co.uk/2012/06/01/domestic-violence-how-to-apply-for-an-occupation-order-by-nastassia-burton/
I hope that this is of assistance - please ask if you need further details
Clare
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