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Ask Clare Your Own Question
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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Duaghter has lived with partner, not married, years they

Customer Question

Duaghter has lived with partner, not married,for 3 years they have a 17 month old daughter he owns flat they all live in.
He has gone today wants them out tomorrow.
We live 3 hrs away and are in late 60s.
What legal rights does she have regarding where she lives, maintenance etc etc
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 property worth and how much is outstanding on the mortgage?
What other assets are there and what income do they each have?
Clare
Customer: replied 2 years ago.
No idea how much apartment is worth. No idea about mortgage. Do not know his income. Neglible assets.
Will do,property search to try to get an idea of value
Customer: replied 2 years ago.
Property search indicates a value circa £125
Expert:  Clare replied 2 years ago.
Hi
Although your daughter may have no financial claim on the property at all she doe shave to be given "reasonable written notice to leave" - at least a month since there is a child involved. and if her ex does try and force her out tomorrow she can apply to the court for an Order allowing her to remain in the property and forcing her ex to leave.
In addition the father is under a duty to help your daughter house the child until the child is 18, and that could mean that she can remain there until then
This is a matter she should discuss with her ex using Family mediation
www.familymediationhelpline.co.uk
His maintenance liability is 12% of his gross income - less if he has the child overnight more than 52 nights a year
I hope that this is of assistance - please ask if you need further details
Clare