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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have lived with my partner years and we are going thro a

Customer Question

I have lived with my partner for 13 years and we are going thro a tough patch at the mo. We live in a rented house which is in his name but he also owns a house which he bought when I was pregnant with my first child 13 years ago. This house has become empty and he has told me to leave with all the kids so the only place I would go is to our old house. Would this be ok without his permission? Thanks
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:
-Are you in England or Wales?

-Are you married to each other?
-How many other children do you have together, how old are they and proposed arrangements for them?
-Is your name on the title of the owned property?

Expert:  Harris replied 1 year ago.

Hi, this question remains open. Please could you provide the requested information so that I can assist you.

Customer: replied 1 year ago.
We live in England. No we are not married. We have four children. The oldest is 12 and the youngest is 6. They will live with me. No my name is ***** ***** title of the owned property
Expert:  Harris replied 1 year ago.

Thank you for confirming. Unfortunately, as you are not married and your name is ***** ***** the title of the owned property you have no automatic rights to occupy the property without his permission.

However, if you are unable to suitably accommodate yourself and the children you would be entitled to apply to court, initially for an occupation order under form FL401 to urgently accommodate yourself and the children and then consider pursuing an application under the Children Act using form A1 in order for the property to be used for the benefit of the children until the youngest reaches a certain age - this application will fully consider both your financial circumstances and the court will make a decision in the best interests of the children.

In addition to this you would be entitled to apply for child maintenance (so long as you are the children's main carer) which is based on his gross income.

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.

Expert:  Harris replied 1 year ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.