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ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1386
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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If a man leaves his cohabative home where his partner of 11

Customer Question

If a man leaves his cohabative home where his partner of 11 years, and two children live, for more than three consecutive days.Does the man have the right to re-enter the family home.His partner told him either you go or I will.But the man did not want the upheaval for his children so said he would go.
Submitted: 2 years ago.
Category: Law
Expert:  ukfamilysolicitor replied 2 years ago.
Thank you for your question. I am a Solicitor and can help you.
I note from your question that you make reference to 'partners'. I am therefore assuming that the couple are not married.
If you have rights to live in the property by being a joint owner of the property then you are legally able to live in the property and can return there.
Either party could call the police if there was a possibility of a 'heated' situation. The police could ask one person to stay away for a short period - usually overnight. If there was an incident and one person was charged with an offence then the police could put bail conditions in place which could prevent one person from returning to a property whilst matters were being investigated.
One person could also apply to Court for an occupation order to seek to exclude the other person from exercising their right to live in the property. Courts do not like making people homeless so these types of orders aren't easy to obtain. If an order was made then this would be for a period of time around 6 months. Such an order would not remove someone's legal ownership and entitlement in relation to the property.
If a person wanted to realise their share of an equity in the property then a Trust of Land Act Claim could be made at court asking for an order for sale.
If the home is in the name of the other person and the couple are not married then there is not an automatic right to reside in the property. If the person not named on the deeds has paid the mortgage or added value to the property by way of renovation / redecoration then they could make an application to a Court under the Trust of Land Act for the court to establish their share in the property.
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Expert:  ukfamilysolicitor replied 2 years ago.
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