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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33801
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My partner (non married) has developed serious mental health

Customer Question

My partner (non married) has developed serious mental health issues over the past 3 years. In addition he has developed a serious drink problem which serves to increase his problems. Having been emotionally and verbally abusing me for 2 years, he has now started breaking my things and pushing me over hard. Although the physical abuse is not severe yet, I need to get out before it becomes so. He moved into my maisonette about 9 years ago, and my name is ***** ***** documentaion. He buys the food but I pay the mortgage and all bills. He pays no rent or anything towards the bills. I have two daughters, who are now 22 and 20. One is at university and the other has moved out. He has no children. Unfortunately, he put £14 000 into a new kitchen in November. I am willing to pay this back over time, but am mortgaged up to the hilt so unable to pay him a lump sum. I would appresiate some advice on how I can get him to move out, as he will not do this voluntarily. Thank you.
Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Expert:  Clare replied 1 year 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?
When did he last push you?
clare
Customer: replied 1 year ago.

I bought the property in 1998 for £83 000. I have since put on a loft extension but am not sure of its current value. When I contacted you on Sunday he had pushed me over hard on Saturday. We had a good day on Sunday but I came home from work tonight and he has been crazy, shouting at me , calling me names and has pushed me 3 times (although not so hard as to push me over this time as I told him I would contact the police). Becauseof increased mortgages for loft and external room the mortgage is now about £75 000. I work full time.

Expert:  Clare replied 1 year ago.
Hi
Best guess on the current value?
Clare
Customer: replied 1 year ago.

Looking at estate agent prices for similar properties ( 3 bedroom maisonette in this area ,with garden) i would say about £190,000.

Expert:  Clare replied 1 year ago.
HI
How much has the new kitchen increased the value of the property?
Clare
Customer: replied 1 year ago.

Probably about £5000. I have been told that any rebuilding will only increase the value by about one third of the cost of the project.

Expert:  Clare replied 1 year ago.
Hi
Since he is not a joint owner of the property he has no right to live in your property
You do have to give him "reasonable written notice" to leave - at least 28 days, but after that you can change the locks while he is out and then pack up his belongings for collection
I am afraid that the fact that he paid for the kitchen does give him a financial claim on the property - and he can eventually apply for an Order for sale if you are not able to pay him back
However you do have some time within which to try and raise the money - it will take many months - indeed even a year to make his way through the court process.
Please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33801
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you for your response. I appreciate your honesty. If he were to stay here for a while would the amount I owed him lessen to make up for him not paying bills?

Expert:  Clare replied 1 year ago.
Hi
No I am afraid not
Clare
Customer: replied 1 year ago.

He and I have verbally agreed that whilst he lives here and does not pay any bills (I even pay the council tax) we can reduce the amount I owe hom by £200 per month as his contribution. If he lived here for a couple of years as a friend, would he then lose his claim on the property?

Expert:  Clare replied 1 year ago.
Hi
You will need to get this agreement put in writing and witnessed so that it is clearly understood that when the amount has been paid on full he will have no further claim on the property.
Clare

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