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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 866
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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My sons fiancé has recently called off their engagement.

Resolved Question:

Hi my sons fiancé has recently called off their engagement. They have a one year old son who lives now with his mother in my sons house which he bought approx 9 months ago. They lived in the house altogether until last week when she ended the relationship. My son who is a submariner has since gone on tour with work to America for 5 months. I am selling the house on his behalf. My grandson and his mother will either be living with relatives which will be difficult for all concerned or have to be rehoused by the council. Does my sons ex partner have any entitlement to the house? And what rights do I have as a grandparent to have regular access to my grandson who I see at present several times a week?
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Welcome to Just Answer I am a Solicitor and will assist you. Please may I ask: 1) is the house in your son's sole name?2) has his ex; paid a deposit? paid the mortgage? renovated the house?3) is the ex agreeable to moving out?4) is the ex still allowing you to see your grandchild regularly? Kind Regards Caroline
Customer: replied 1 year ago.
Yes the house is in my sons name only, she has not paid any mortgage repayments and any renovations I.e new kitchen central heating painting and decorating my husband and may self have paid for and yes, at present, I am still seeing the little one regularly. I am unsure if she is agreeable to moving out. I have told her the house is to be sold and advised her to inform the local council
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Please accept my sincere apologies for my delay in responding to you. From the information that you have provided to me - the mother has no legal or beneficial claim to the property in her own right. Do however be aware that the mother could issue a schedule 1 children act claim for provision of housing for the child. If the mother did take such an action then the court would look at the child's housing needs. In respect of you spending time wit your grandson - if this can be agreed with the mother then great. If not you can apply to court for a child arrangement order to spend time with your grandchild. The first step to seeking such an order would be to make a referral to mediation. Mediation will help you and the mother try and agree a schedule. If mediation doesn't reach an agreement - you can then apply to your local family court. As a grandparent you needs the courts permission to make the application. The forms you need to complete are forms C2 and C100. The court fee is £215. The court will decide on the basis on what is your grandsons best interest and if you have previously enjoyed a god relationship with your grandson this will help your application. Please do not hesitate to ask if I can assist you further. Kind Regards ***** ***** kindly remember to star rate our service
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