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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have been living in my partners house of 6 yrs and we are

Resolved Question:

Hi
I have been living in my partners house of 6 yrs and we are seperating. We are not married. He is making me and my 2 daughters homeless on the 21st October so I will get assistance off the council. There are long standing issues between us including instances of abuse. I want to clarify all I want is a roof over my head whereby my girls can go to school still as I can provide everything I need for them myself. He is in a very strong financial position and has a mortgage free house. He has told me he will give me 6mths rent up front to try and go through an agency in the meantime. I believe in terms of child support that I would be only entitled to 5percent of his net salary which was 2.5k last year as he is self employed which works out to be 14.52 for the year for both girls. I have told him I will tell the authorities he is giving me 5 pound a week so they don't contact him although I don't want it. My point is if he wants to contribute fine if he doesn't fine. My problem currently is he has stated he will get his aunt to transfer the money to my bank account for 6mths rent not mentioned about wanting this in writing yet as he doesn't want the authorities to know he has money as they will come after him for more and he is telling them he's broke when he's not and he has borrowed the money off his aunt to give me. I don't know legally where I stand if she transfers money to my account or why he is very stessed about his pot of gold, as I don't want anything other than both my daughters to remain at school and to put a roof over their head and believe all I'm entitled to in terms of support is 5 percent of his net salary savings are not taken into account. There is issues of domestic abuse in the household and currently I am trying to amicably solve this with him however I have made him aware of the fact if there is one more incident I will try for an occupation order although I don't want to if forced as I don't see why me and my 2 daughters should go into a refuge and lose everything.
Where do I stand if his aunt transfers the money to my bank account with or without anything in writing ?
Submitted: 10 months ago.
Category: Law
Expert:  Clare replied 10 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further informtaion first

How old are the chidlren and are they also his children

Hoe much is the house worth and what other savings does he have?

How much does a two bedroom property in the same school area cost to buy?

What income does he actually have - in Dividends from his company

Customer: replied 10 months ago.
2 girls aged 5 and aged 1 they are both his daughters and his name is ***** ***** birth certificate.His house is worth 320k he owns it outright he has another 150k roughly I know about in various savings accounts I don't know where he has this money saved although he does as this was inheritance from his father passing away 2 yrs ago.Property within the area can vary from 200-300k.He has been self employed for 8 yrs his earnings have gone down over the last 8yrs to 2.5k on his tax return for last year. He will never work again due to having another daughter from a previous relationship whom he has an informal agreement with of 100 pound a month he gives as maintenance /contribution to them. He has told them he is broke he is not. He won't work again as he doesn't need to employed full time whether he remains self employed I don't know however I know if he get a job then he is worried we will both claim me and the other mum for child supportHe has been shredding paperwork yesterday for hours which is why I am asking for advice I don't understand why he is so stessed about his money - house. I believe I'm entitled to 2.5 percent of his net salary which was 2.5k and nothing else and only rights I have in the home due to long standing issues is an occupation order because of the history.He has called the council and given me a letter stating we have to be out the home on the 21st OctoberReally all I want is a place to live with his daughters so they can remain in their schools, not worried about maintenance I can provide everything the girls need just need to find a home.Thankyou any assistance would be greatly appreciatedKind RegardsRhienna
Customer: replied 10 months ago.
Obviously don't understand why he wants his aunt to transfer the 6mths rent to my account to try and go through an estate agency to rent in between now and the 21st. Don't know where I stand if she transfers money to my bank account and she is saying he is borrowing the money off her as he is broke. Don't know if they will want something in writing or not and what are consequences implications of this
Customer: replied 10 months ago.
We are not married FYI
Customer: replied 10 months ago.
He is now telling me he is transferring the house into his other 17 yr old daughters name ? I don't believe much of what he says at all ? Presume that would stop me getting an occupation order of the need arises ?
Customer: replied 10 months ago.
Where do I stand with my children and custody. We are unmarried have 2 daughters and his name is ***** ***** birth certificate. I want the children to be with me obviously and it is in their best interest and would prefer he has access to see them and maintain a relationship with them if he wants however I want to be the one that makes the decisions and has overall say ??
Expert:  Clare replied 10 months ago.

He is anxious because he is aware that you can apply to the court for an order allowing you to remain in the property and forcing him to leave.

This is because the housing needs of the chidlren are the priority so far as the court is concerned.

Alternatively he could be forced to purchase another property for your and the children to live in until the youngest child is 18.

From your point of view the biggest drawback to this is that once the youngest child was 18 the property would revert back to you ex and you would be left with nothing.

On that basis if he wants you to leave you should ask for a lump sum that allows you to se up in rented accommodation elsewhere - think £5,000 to £8,000

If you have a low income you will still be entitled to Housing Benefit - so most if not all of your rent will be covered.

So far as child maintenance is concerned he is in fact liable to pay 19% of his gross income from all sources as Child Maintenance - divided as to one third to the other mother and two thirds to you

If you have been the main care of the chidlren until now then that is what will continue - but you will have to consult him on all major issues and if he is not happy with a decision you have made then he can apply to the court for the court to decide (on such things as education etc)

You can read more here

http://theparentconnection.org.uk/

I hope that this is of assistance - please ask if you need further details

Customer: replied 10 months ago.
Hi Thankyou for your advice it's great fully appreciated. Naturally I'm upset to discover this as I believe now he knew this all along. There is a long standing history of domestic violence and I went into a refuge last year however returned to the family home.In terms ofHe's told me he is signing the house into his 17 yr old daughters name ? Don't believe himHow could he be forced to purchase another property for me and the children ?And if his Aunty pays the 6mths deposit into my bank account by transfer where do I stand with regards ***** ***** legally on the basis that he is giving the money to her on the basis he is broke and will say he has borrowed the money from her to stop the authorities thinking he has money? Not sure if he wants that in writing or not ?Child maintenance not bothered about I can provide for the girls however roof over head I am.
Expert:  Clare replied 10 months ago.

I am afraid I believe you are right.

he cannot transfer the house to his daughter as she is not 18

The Court could say that if he does not wish you to remain in the current home he has to purchase another one

Whether the money comes from him or his aunty is not relevant to you

Customer: replied 10 months ago.
if he wants something in writing to get the 6mths rent up front ? From his aunt between me and her ? Not stated yet however I wouldn't want to sign anything for the moneyNot sure if you could advise of this however I have been to seen women's aid numerous times and have been advised to possibly go to a refuge also. That's not fair on the 3 of us. If I apply for an occupation order and am successful for a whole one not partial does that give me more rights over the girls ? I have been advised as he is on the birth certificate even though we are not married he has parental responsibility and is within his rights currently to take the girls away from me and the police wouldn't be able to do anything - frightening! Obviously if I go into a refuge I will have more rights as far as the children are concerned. I have been advised to get a PSO however don't think the father will agree to that.
Expert:  Clare replied 10 months ago.

Have you always had the majority of the care of the children?

Customer: replied 10 months ago.
I have looked after the children solely whilst he has been working self employed from home. I have been paid child tax credits the majority of the time which usually is paid to the main carer. I have done everything with for the girls since they were born however how you prove that ?I think given the complexity of this and this is punching way above my intelligence realistically even if I come out of his house amicably I will still have custody issues unless I go into a refuge or apply to get an occupation order / non molestation order however I would have to win that. I am checking eligibility for legal aid currently as he has a lot of money to throw in a solicitors direction I don't and this is far more complex than I thought it was due to him having parental responsibility even though we are not married. I didn't think he would have the and rights as me over the girls so am incredibly worried now ax don't want him having any control over the 3 of us moving forward
Customer: replied 10 months ago.
same rights as me
Customer: replied 10 months ago.
I always thought the mother had more rights over her children if we are not married
Expert:  Clare replied 10 months ago.

Has he ever said that he wanted to have the care of the children?

Customer: replied 10 months ago.
His daughters have never been his primary concern I see this now. I have a signed letter from him to the council that he is making the 3 of us homeless on the 21st October and he wishes the children to remain with me. He has never wanted the children apart from threatening to take them away from me as a form of control only
Expert:  Clare replied 10 months ago.

Then you gave no cause for concern.

If he does try and play games with the children you will be able to get an Order that they live with you - but there is no need to worry about that at the moment

Customer: replied 10 months ago.
Then you gave no cause for concern ? Don't understand unless you mean the letter he signed making us homeless to the council ? I haven't given it to them yet I have an appt on Monday at 11. Are you saying the letter would prevent my application for an occupation order ? As it doesn't highlight the issues correctly. I'm doing my best here and thought a letter from him would help if it stated he wants the girls to remain with me. I have a phone call this morning at 10 for eligibility of legal aid this is so complex
Expert:  Clare replied 10 months ago.

That should be have no gave - my apologies

There are two separate issues here

You are considering applying for an Occupation Order based on his behaviour allowing you to remain in the property for a limited period.

If you do this then you may also have to consider making an application under Schedule 1 of the Children Act for the right to remain in that property (or an alternative one) until the youngest child is 18 at which point you walk away with nothing

Alternatively you can tell him how much you want to move it - and it does not matter whether it comes from him or his Aunt provided you get it - but it does not change the position on your children.

In fact he has no interest in the children so you have no need to worry that he will take them form you

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