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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34888
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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, I have lived with my (soon to be) ex partner at the current

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I have lived with my (soon to be) ex partner at the current address for 13 years. The house is mortgaged solely in my name and approx.9 years ago I took a second mortgage on the property for £40k as he had got himself into severe financial difficulty. We have 2 children together and I have 2 from previous relationship. What can I do to get him out of the house? Have previously given notice to leave which he has ignored and the children are being dragged into the situation, as I am constantly having people turn up at the house he owes money to. I have recently found out he financed my car without my knowledge (previously owned outright), and has applied for credit at the address when he has already in problems owing other creditors. I can't prove what he earns as its ad hoc. I work 20 hrs a week. What is the situation regarding getting him removed and the mortgage. Previously I did have him removed and he sleep on the drive in full view of my children. Can I get a restraining order on him? Thank you.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How old are the children?
Is he ever violent?
Customer: replied 2 years ago.
Children are 3, 11, 18 and 20. No, no violence. Thank you
Customer: replied 2 years ago.
Hi, the police have been called by me though several times when I have discovered more deceit and money owing, they have asked him to leave the property and he has slep in a car on the drive in full view of the children.
You need to give him written notice to leave the property - at least 28 days.
At the end of that time you can change the locks - and if he tries to return to the property in any way you can ask the police to remove him.
If he then continue sto try and return you can apply to the court for an order excluding him from the property which will allow the police to arrest him if he continue to pester you.
I hope that this is of assistance - please ask if you need further details
Customer: replied 2 years ago.
Thank you,
I borrowed 40k on top of the mortgage and it saved him from financial hardship. Can I claim mortgage payments as well as child support?
Not unless you had a formal agreement that he would repay the debt
Clare and other Family Law Specialists are ready to help you