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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1385
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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Im living with my partner and our 6 year old daughter, we have

Customer Question

im living with my partner and our 6 year old daughter, we have been living together for 16 years and have a joint mortgage, we have decided to separate and she has asked me to leave the family home, I have no money and nowhere to go, should I leave or stay please ??
Submitted: 2 years ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 2 years ago.
Thank you for your question. I am family solicitor and am able to help.
I am sorry to hear that you are having relationship difficulties with your partner.
As you are a joint owner of your property then you are legally allowed to live at that property.
If your partner wanted to try and exclude you from your property then she would have to apply to court for an Occupation Order. Judges do not like making Occupation Orders to effectively make people homeless. Judges are more likely to make an Occupation Order if your partner and child were at risk from you - such as if your partner could evidence there was domestic violence in your relationship.
If your partner wants you to leave your home and you do not have the funds then consideration needs to be given as to a settlement - if she is wanting to buy you out. If this is not possible and your house has some equity - then consideration could be given to selling your property so you can split the proceeds and move on. Consideration would need to be given as to the housing needs of your daughter.
If you left and sought social housing - you would likely struggle as they are likely to consider that you have made yourself homeless as you have a legal right to live in your property.
Kind Regards
I would be grateful if you could kindly rate my answer. I am new to this service and positive feedback is gratefully received.
Expert:  ukfamilysolicitor replied 2 years ago.
I would be grateful if you could kindly rate my answer.