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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 2879
Experience:  Dual qualified Solicitor and Attorney
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My partner and I agreed to separate in March 2019. We have a

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Hi there. My partner and I agreed to separate in March 2019. We have a seven year old child. My ex partner is still living in the house, which I own. He won’t enter into conversation about his plans - when he will leave, if he will stay within the area or if he wants to stay in his sons life. I have had an initial consultation with a mediator in the hope me ex partner will engage in the mediation process to create a parenting plan and decide how to move forward as separated parents. However in the mean time I am trying to find out how to remove him/ask him to leave the house? He has made it clear that he will not divulge his plans to me until they have come together.... but he has had over nine months to find somewhere to live etc. What are his rights if any? Any advice on how to handle this situation would be greatly appreciated. Many thanks.
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: No my only step so far was meeting with a mediator today.
Assistant: Have you talked to a lawyer about this yet?
Customer: I have seen a lawyer to check the financial situation regarding my ex partner having any claim to my house (we are not married and I own the house) and I was told that he has no claim to the house whatsoever and that his financial contributions would be seen as simply paying basic living expenses.
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No I don’t think so.... I’m just so aware that our son lives in the house and so I’ve not wanted to create any upset - changing locks etc. Our son doesn’t know yet as until his dad was ready to leave and I had a few more answers for him, it seemed premature to tell him. I’m extremely worried about the emotional impact this will have on our son.
Hi thank you for your messsge, does your partner pay towards the mortgage if there is one?
Customer: replied 8 days ago.
Hello Jeremy, thanks for getting back to me. He has paid half towards bills and mortgage since we have lived together (8/9 years). He stopped paying anything at all on 4th Sept 2019. His name is not on the mortgage or on any other legal documents, so I hope it could be argued his payments have been half towards the bills and ‘rent’.
Hi thank you for your message, ok so at the moment he can be removed from the property and he has no right to be there. In terms of the payments, he could try to argue that he contributed to the mortgage and therefore should get a share of the property under something called a constructive trust but this is a complicated and expense route for him to go down so it’s unlikely he will and even if he does given the lack of evidence to support this it’s not clear he could win such a claim. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.
Customer: replied 8 days ago.
Ok great, good news that he has no right to be there. In your opinion should I give him 28 days notice, in writing? No idea how to get him out you see....

Hi thank you for your message, he is not entitled to any notice and my concern would be that if you give him notice then he may be alert to any steps you might take to remove him from the property. That said, for some courtesy you might decide to give him some written notice 28 days would be generous but that might give him time to adjust to the concept. At the end of the 28 day period if he has not left you will need to thin about more drastic steps like changing the locks when he goes out. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

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Customer: replied 8 days ago.
Thanks Jeremy, you’ve been really helpful. Many thanks.

Glad I could help, take care.