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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34890
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hi. I live in London in a housing association flat (two bedrooms).

Customer Question

Hi. I live in London in a housing association flat (two bedrooms). My partner (not married) and I have two children, 15 and 10 years old and we have lived together for 15 years with joint tenancy on the flat lease agreement. For the last 51/2years we have no relationship (by mutual agreement) he goes his way and I mine with the children. He earns more than double my salary (I am a teaching assistant earning approx £2000/ month) and despite my asking him to move out so that my sons can have one bedroom and I the other (currently I sleep with them in one room and he in the other alone). He refuses to move and says that I should move out instead. I cannot simply up sticks with the children in tow, and would like to stay where we are for the schools etc. is there anything I can do to change the situation in my favour to force him out and remain where I am? I just seem to be arriving at a dead end in exploring options and need help please. Thanks
Submitted: 3 years ago.
Category: Family Law
Expert:  Nicola-mod replied 3 years ago.

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare and I will do my best to help you
You have two possible legal options
the most secure option would be an application under Schedule 1 of the Children Act for a Transfer of the tenancy into your sole name so that you and the children can reside there without him
Alternatively you can make a Stand Alone application for the Transfer of the Tenancy to your name
Either is likely to be successful since the needs of the children are the priority
Before starting proceedings you should try and discuss matters with him using Family mediation (
I hope that this is of assistance - please ask if you need further details