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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2552
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I need some advice about my relationship break up with my

Customer Question

Hi I need some advice about my relationship break up with my soon to be ex partner.
Currently I live with my partner and her 2 daughters (Laura 26 and Niki 24) in Worcester Park.
We have been together for 6 and a half years the last 18 months I have lived with them.
Our relationship has been dogged by problems with both her daughters causing us grief.
The 26 year old is disabled and has just been diagnosed with Asperger’s disease and for the main of her daily life is spent in front of the tv.
The 24 year old works and enjoys a good social life.
However over the time I have know her she regularly gets drunk and is loud and leary towards me.
She has also been assaulted several times including raped which went unreported.
Also she has a regular habit of losing keys,money,passport and mobile phones.
Several times we have had to collect her from friends,pubs and nightclubs.
The last incident was that she was left high and with no money to pay a £140 bar bill.
The police called my partner to say that if the bill wasn’t paid she would be arrested.
We collected her and I paid the bill on my credit card and got the money back from my partner the following month
However since I had spoken to my partner about ending our relationship I spend the nights sleeping on the settee.
This is normally ok except the 24 year old came in tipsy at 3am this morning shouting and screaming at me to get out of the house this continue from the upstairs bedroom to the living room.
During this time we both screamed at each other and she did become obstructive (not letting go past her to use the toilet).
This is the second serious incident the other being last November whilst my partner and her disabled daughter were away in Bath on a Pain Management programme.
During conversations I have had with my partner in the past 2 weeks I mentioned that she owed me about £1500,£520 for a Bailiff that came to repossess her car,£146 Council Tax payment where there was insufficient funds in the bank to pay,Car Insurance for my partners car about £480 less £160 already reimbursed and I paid her share of a holiday the 4 of us went on last September (approx. £280).
During a conversation tonight my partner wants me to leave in the morning and not return albeit to collect further clothes and post etc.
I have told her this may not be possible but she is insistant that this happens.
Can you please help me?
Mike Duffy
07989 394 386
Submitted: 10 months ago.
Category: Law
Expert:  Harris replied 10 months ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Are you married to your ex-partner?

-Is the property rented or owned?

-Whose name is ***** ***** / property in?

-Are there any formal agreements/tenancy agreements in place?

Customer: replied 10 months ago.
Not married to partner
Property owned by partner
Property would be in partners name
No agreements in place apart from how much money I would contribute towards the house
Expert:  Harris replied 10 months ago.

Thank you for confirming. Legally, as you are not married and the property is in your partner's sole name and there are no formal agreements, you have no right to occupy the property and you would be considered a lodger. In those circumstances, your partner can remove you from the property upon reasonable notice - there is not firm definition of reasonable notice and this would depend on your circumstances and how soon you would be able to find alternative accommodation - however, it would be assumed that asking you to leave in the morning is unreasonable.

In the circumstances I would suggest that you formally request that you remain until a certain reasonable date in order for you to find alternative accommodation for yourself.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

Customer: replied 10 months ago.
I am owed £1500 from my partner does this have any bearing?
Expert:  Harris replied 10 months ago.

This would be a separate civil claim that you have against her and if she does not settle the debt after formal requests from you, you can pursue an application to the small claims court which can be commenced online here: https://www.gov.uk/make-money-claim-online

Her owing you money would not raise any interest or right to occupy her property.

I hope this assists you further. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

Customer: replied 10 months ago.
What would you consider a formal agreement that I could have under taken when I first moved in to my partners property?
We have had discussions about getting a place together or building on to the existing property
Expert:  Harris replied 10 months ago.

A formal agreement, such as a tenancy agreement or a deed of trust entitling you to a share of the property due to your contributions. However, just mere discussions do not raise such an interest.

Customer: replied 10 months ago.
Thanks for that
Expert:  Harris replied 10 months ago.

Thank you - I hope it goes well. If you have any questions in the future you can ask for me directly by starting your question For Harris

Harris, Law Specialist
Category: Law
Satisfied Customers: 2552
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and 2 other Law Specialists are ready to help you
Customer: replied 10 months ago.
I have had further discussions with my partner and my deadline to move out has been extended to this Sunday
When I mentioned to my partner I had spoken to a solicitor she said that she had taken afvice and she is within her right to change the locks on Sunday and not let me renter the property get reason for this being that I said 10 days ago that I would be leaving and started looking for somewhere else to live
My problem being now is I cannot rent anywhere else without the money I am owed and even then have to wait to find somewhere acceptable to both me and the person renting the property
Also my partner has stated that I could withdraw the cash on my credit card to pay the deposit rather than me wait 3 weeks before I get paid again
Expert:  Harris replied 10 months ago.

I would suggest you follow the procedure outlined previously regarding the money owed to you. Furthermore you should also attend your local authority housing office and present as homeless. Some local authority's provide some financial assistance to homeless people if they find that they do not owe you a duty to accommodate you.

Customer: replied 10 months ago.
sre you saying that by extending the deadline for me to move out a few days constitutes reasonable notice?
Expert:  Harris replied 10 months ago.

It could still be argued that it is not reasonable notice, but she can change the locks and your only recourse would be to apply to court which will incur further time and cost to yourself and it will unlikely result in a court agreeing you should return to the property .

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