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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35215
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 am very worried about my sister her partener has a drink

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i am very worried about my sister her partener has a drink problem she has gone out of her way to help him she sold her house and bought a bungalow he was helping with the mortgage for a time he has gone back to drinking heavy and hasn't paid anything since October 2017 she has asked many times for him to leave he wont now he wants a lump sum which she hasn't got we know she will have to get a solicitors letter to get him out but how does she stand on the money hes demanding

Thank you for your question

My name is Clare

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

How much is the property worth and how much is outstanding on the mortgage

What payments has he actually made towards the property

Customer: replied 4 months ago.
my sister bought this house for £180.000 she put down a deposit of 80.000 from the sale of her previous house so there is outstanding £100.000 she now owes 87.000 his name is ***** ***** the mortgage but he signed paperwork at the bank to say he would contribute to the mortgage if anything happens to my sister he agreed to move out in 6 weeks.He has paid out about 10.000 but nothing since oct 2017 even though he has run up bills and has food ect.Also he has a house in Germany worth about £95.000.My sister has had to buy him a van so he would go to work he said he would pay her back but most of the time hes not working because hes drinking

How was the £10,000 paid and what for?

How much did she pay for the van?

Customer: replied 4 months ago.
the mortgage is £700 a month he agreed to pay he agreed to pay half 350 he got cash for working so his money went into my sisters account then she gave him the remainder back at one point he was helping with the bills not any more her bills have doubled because he says hes going work then stays home with heating on full until recently he had no bank account so my sister had to take him to open a bank account he was helping pay the mortgage for 29 months she bought him a van for £900 because he made the excuse he couldn't do his job the person he works for took the work van
Customer: replied 4 months ago.
off him I think in November last night she was in tears because he was drunk he has refused to cooperate with all her sugestions of moving out and trying to sort out about money

Since he is not a joint owner of the property he has no right to live there and all your sister needs to do is give him "reasonable written notice to leave" - at least 14 days and preferably 28.

At the end of that time she can simply change the locks whilst he is out and pack his belongings for collection

If he tries to return to the property then she must call the police

So far as the finances are concerned the amount that he has paid could be seen as rent BUT the fact that they both referred to him as paying half of the mortgage does cause a problem and means that she may have to make a payment to him in the region of £3000 to £5000 - possibly less.

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

Clare and other Family Law Specialists are ready to help you