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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 3952
Experience:  Barrister at law
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Please. My partner refuses to move out of the house where we

Customer Question

Hi. Yes please. My partner refuses to move out of the house where we all live with kids. We split up nearly a year ago, but he says I cam leave and pay him maintenence for kids. He is not moving anywhere until kids turn 18.
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: No.i don't know where to start
Assistant: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: England
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: I don't know what is relevant
Submitted: 10 days ago.
Category: Family Law
Expert:  plclegal replied 10 days ago.

Hello, my name is ***** ***** I’ll do my best to assist you.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

Can you tell me:

1. Are you married

2. Who owns the property?

3. When was the property purchased?

4. How old are the children?

Customer: replied 10 days ago.
None yet. I don't know where to start. I want to do everything as peacefully as possible.
Customer: replied 10 days ago.
I'm not married
Property on my name only, buy he paid deposit for it.
Purchased it in 2016
Kids are 4 and 2Thanks
Expert:  plclegal replied 10 days ago.

OK. Importantly, as you are not married, there is no presumption of joint ownership here.

If he can evidence the deposit payment, you will most likely have to pay this back.

But as regards ***** ***** of the investment - if this is your name, the asset is yours.

Your children are very young still. He will not succeed in remaining in your house for up to 16 years.

But the house may need to be sold so you can return his investment and you can both move on.

I hope this clarifies things?

Customer: replied 10 days ago.
I have got proof that I returned his money to him during investment in his business 2 years ago.same amount of money, about 4k. He also says that if I want to leave I can leave and kids will stay with him.
Expert:  plclegal replied 10 days ago.

If you have proof that you have repaid the deposit amount, then he has no hold over you.

If you are paying the mortgage then you can simply ask him to leave.

You would have to give reasonable notice, but nothing more.

You can ask the police to remove him if he refuses to go.

You can change the locks if you wish, this is your asset, your house, not his.

He has no right to remain there and ask you to leave.

I hope this now clarifies things for you.

If you have further questions, you can always come back to me.

In the meantime, if you could take a second to provide a 5 star rating (at the top right of your screen), I'll be credited for my time spent responding to your question.

Kind regards,

Peter

Expert:  plclegal replied 1 day ago.

Hello,

I hope you found my advice helpful. I'd really appreciate you taking a second to provide a 5 star rating for me (top right of your screen) as without this I won't be credited for responding to you.

Many thanks in advance.

Peter