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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 864
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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Common law wife. shere do I stand on separating leagaly

Resolved Question:

common law wife.
shere do I stand on separating leagaly
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
my commone law partner is alcolholic.
I am disabled.
where do I stand on keeping my home
council tenant.
where do I stand on her bills.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer.
I am a Solicitor and will try and assist.
- please confirm:
- you have not legally married?
- is the tenancy in joint names?
- has your partner acted aggressively towards you? If so - please describe - and when was the last incident?
- what debts does she have? Are there any joint debts?
Kind Regards
Caroline
Customer: replied 1 year ago.
joint tenancy.
not legally married.
just mentally aggressive.
no joint depts.
Customer: replied 1 year ago.
ps. my name is colin.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Colin
Thank you for confirming that for me.
I am sorry to hear about your current position.
As the tenancy is in joint names - then you are both legally allowed to live there. If you partner becomes drunk and aggressive then you should contact the police and report her. If the police think that there might be a breach of the peace then they may ask her to leave - this will usually only be overnight. If, however, there was an offence committed then the police might put bail conditions in place which prevent your partner returning whilst the matter is investigated.
In the long term you need to speak with housing about taking the tenancy on your own. If your partner won't agree and things become untenable then you could consider applying for an occupation order from a family court. Form FL401. There is no court fee. This type of order would exclude your partner for 6 - 12 months. These orders are not easy to obtain as the courts do not like making people homeless however if the situation continues then you could try.
In relation to any debts of your partners - if they are your partners sole debts then you are not responsible for them.
As your partner is acting aggressively towards you then you may be able to get legal aid and a solicitor to help you. Legal aid is now only available if you can get domestic abuse evidence. Domestic abuse is widely defined by the legal aid and includes emotional and financial abuse as well as physical. See the link below and in particular the GP letter. Explain to your GP what is going on. If your GP is satisfied that you are suffering with a condition such as stress as a result of your partners behaviour and he completes the letter then take it to a legal aid solicitor so they can assess your financial means.
https://www.gov.uk/government/publications/get-medical-proof-of-domestic-violence
Kind Regards
Caroline
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