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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 34900
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My daughter has been in a relationship years and has

Customer Question

My daughter has been in a relationship for 7 years and has two children with her partner.
When they met he was a University student
She had a rented flat fully furnished by herself a VW Golf 3 years old and many other assets.
Over the years he has gradually sold and replaced all her assets and replaced them in his name i.e car,rented house ,furniture and even I phone in his name.
They have now acrimoniously split and he says she has nothing which is hers and he does not own.
Legally what is her position
Submitted: 2 years ago.
Category: Law
Expert:  Harris replied 2 years ago.
Hi, thanks for your question. I am a qualified family law solicitor.
Can you confirm if they are married?
Also, where are her and the children residing, and the terms of their occupation (eg. tenancy agreement in her name/joint names or if the property is owned)?
Customer: replied 2 years ago.
No they are not marriedThey are at present residing in a rented property in his name and paid by himAfter two years into the relationship everything "rented home" "car" "Iphone" was in his name
Customer: replied 2 years ago.
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Expert:  Harris replied 2 years ago.
Thank you for the confirmation. Unfortunately, as they are not married and without explicit agreement about their property, belongings and tenancy, everything that is in your daughter's name will be hers and everything that is in her ex-partner's name will be his.
If he is asking her to leave the property then she will have a few options.
If she is the main carer of the children, then she can approach the local authority and submit an application for homelessness - she, and the children, will be assessed and if they are successful then they will be placed into temporary accommodation whilst more permanent accommodation is sought. This may be unsettling for her and the children, so she could consider the second option - which is to make an application to her local family court for an occupation order.
This is basically an order that states that one party is to remain in the property and the other party is to vacate. She will have to show to the court that she, and the children, will suffer severe hardship if they were to move out. She will also have to demonstrate that she cannot find alternative suitable accommodation whereas her ex-partner can. If she is able to demonstrate this then it is likely such an application will be successful.
However, in relation to the other property and assets, I am afraid without explicit agreement then she will not be entitled to claim these.
Given the acrimony, it may be sensible for her to suggest to her ex-partner that they both attend mediation in order to reach a separation agreement regarding the property, belongings and arrangements for the children. You can search for local mediators here:
Expert:  Clare replied 2 years ago.
HiThank you for your question.My name is ***** ***** I have been a family lawyer for 30 years.Under Schedule 1 of the Children Act your daughter's ex is under a duty to help her house the children until they are 18.She can apply for the Transfer of the tenancy into her sole name - which is binding on the Landlord, and she can also ask for either the right to retain the furniture OR a lump sum to allow her to furnish a new property.I hope that this is of assistance - please ask if you need further detailsClare