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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Myself and my childrens mother split 3 years ago and she

Customer Question

Hi, Myself and my childrens mother split 3 years ago and she moved 27 miles away and lives on benefits with her rent being paid. I currently live in 'the family home' and have been paying the mortgage on it for 3 years. I also live a stones throw away from her mother who is ill with cancer. I have 10 yr old twin girls and a 15year old stepson.My ex has put it to me that i move out and she becomes a tenant in my property which i dont mind doing just so that i can have my children back in their home town and with their friends again in time for high school. Im 49 now, would it be feasible for me to get council/housing association accommodation for myself and where my girls could visit , ie 2 bed accommodation ?
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Are/were you married to the mother?

-Are there any court orders in place for the children, if so what are the terms?

-Do you have any physical or mental health issues?

Customer: replied 1 year ago.
Hi Harris.No we weren't married . there are no court orders, no physical or mental health issues either.
Expert:  Harris replied 1 year ago.

Thanks for confirming. Firstly, moving out of the property will put you at great disadvantage. As you have no physical or mental health issues, and as you are not the main carer of the children, your local authority will not deem you priority need and therefore will likely assess that they have no duty to assist you regarding your housing. They will therefore require you to find your own private accommodation.

Is the family home owned, or rented, and in whose name is ***** *****?

Customer: replied 1 year ago.
Hi, the mortgage is in my name only, and have been there since Nov 2005
Expert:  Harris replied 1 year ago.

Thank you for confirming. Given that you are/were not married and the property is not in her name, or in your joint names, she has no legal interest in the property and cannot return to occupy it unless there is a court order in place.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

Expert:  Harris replied 1 year ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.