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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34886
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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Me and my partner have just split up-we have been living in

Customer Question

Me and my partner have just split up-we have been living in his house with our 2 children for the last 4 1/2 years. I didn't contribute financially to the purchase of the house, but have had all the bills coming out of my bank account since we have been there.
He has thrown me and the children out, we are sleeping on a mattress at my mums.
I don't want his house but I want my children to have some stability.
Where do I stand, is there anything I can do?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstHow much is the house worth and how much is outstanding on the mortgageWhat income do you each have?
Customer: replied 2 years ago.
He brought the house for about £127,000. It was had been repossessed, so I think he got it for less than its actual value.
There is no mortgage, he owns it outright.
He is a self-employed bricklayer-earning approximately £600-£1000 a week.
I have just started doing a few hours cleaning a week while our youngest is at playschool-earning anything from £20-£60 a week. I also get tax credits of £126 per week, not sure how this will change now we are not together.
Expert:  Clare replied 2 years ago.
How much would a cheap two bedroom property in the same area cost to buy?
Customer: replied 2 years ago.
Just had a look on right move and the cheapest 2 bed property is £139,950
Customer: replied 2 years ago.
Just had a look on right move and the cheapest 2 bed property is £139,950.
Expert:  Clare replied 2 years ago.
OkAre you sure you do not wish to return to that house?What financial contribution did you actually make?How much will you need to set your self up somewhere rented?
Customer: replied 2 years ago.
Council tax, tv licence, Anglian water, Sky, phone bill, electric-all came out of my account with no help from him.
I would love to return to the house for the children, in my eyes it's their home and are at an age(6&4) where they know we are not staying at my mums for a sleepover. All their toys are there-everything.
Customer: replied 2 years ago.
Not sure on exact figures for rented, but I think a 2 bed is around £570 upwards and 3 are around £650/700
Customer: replied 2 years ago.
As well as those bills, all food would also have to come out of the money I get. Then he wonders why I got myself in a mess with the bills.
Customer: replied 2 years ago.
Do you think it's worth me speaking to a local soliciter or am I wasting my time?
Expert:  Clare replied 2 years ago.
When did he force you out - and was there any violence involved?
Customer: replied 2 years ago.
Thursday was when he made me leave.
No violence was involved.
Expert:  Clare replied 2 years ago.
You are entitled to make an application for an Occupation Order allowing you and the chidlren to move in and forcing your ex to move out This will not be a permanent answer but would give you time to look for suitable alternative accommodation in the area.You are also entitled to make a claim under Schedule 1 of the Children Act for permission to live in the property (without him) until your youngest child is 18 or you cohabit.However at that point you will have no further claim on the property.Alternatively you can negotiate with your ex using Family mediation so that he pays you a lump sum instead of losing the use of the propertyI hope that this is of assistance - please ask if you need further detailsClare