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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 16425
Experience:  I have been practising for 30 years.
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My ex partner has been living in my property rent free for a

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My ex partner has been living in my property rent free for a while and I was supporting her while she found somewhere else to live, but she is now being problematic and saying she cant move and isn't willing to move as she is putting her and the kids first. The children are not mine and are from a previous marriage, but the relationship is no longer amicable. How do I start the process of removing her, as I need to get on with my life and she will no longer talk to me? thanks
JA: What steps have you taken? Have you filed any papers in family court?
Customer: no i'm looking for advice on how I start the process.
JA: 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: I live in west Yorkshire, Dewsbury
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No other than approximate cost for the process. thanks

Good afternoon. I will assist with your question - be aware this is an email not chat service.

why have you moved out?

how long were you together?

in whos name is ***** *****? who pays?

how old are the children? and they are not yours?

Customer: replied 1 month ago.
I moved out due to her on going mental health issues, wh8ich had been going on 4 years and progressively getting worse, to the point many suicide attempt were made, I worked away a lot in the USA, and getting calls of overdose regularly. She wasn't getting help, just sat at home playing games on her phone all day. Eventually it tucks its toll.Lived together 6 yearsThe mortgage was solely in my name and I paid the mortgage and all the bills, after leaving in March I continued to pay everything and give her a cash allowance of 500 to 600 a month until May, when she made several accusations against me (untrue accusations, so I withdrew all support from the beginning of June).Children are 14 and 11 and I have paid and supported them since I meet their mother, as their dad doesn't contribute anything, and is a reason I stayed longer than I should.
Customer: replied 1 month ago.
I’m happy to have a call tomorrow?

Thank you. You have not requested a telephone call but I am happy to speak to you in the morning. I will submit a premium services proposal for you for a telephone call.

It is optional extra cost.

I’m afraid that if your partner needs to house to provide a home for dependent children until they reach 18 then getting her out is not going to be an option unless there is enough money in the property to buy another house has a smaller cost, for that purpose.

She can make an application under Part IV of the Family Law Act for a court order to allow her to continue to live in the house with the children.

BUT it depends whether the children have been treated as children of the relationship even though they may be from a previous marriage.

So if they have not been treated as children of the relationship you cannot simply boot her out and you have to go to court to get a court order to evict her.

Because she has dependent children the local authority will rehome her and the children but they will not do so unless there is an order for possession although some local authorities wait until there is actually an eviction order (it is a two-stage process) for bailiffs to come and throw her out before they will do anything.

A person is not responsible for the mortgage or rent or the bills of a house that they do not live in although they remain liable to the lender or landlord if the other person stays in the property and doesn’t pay the mortgage or rent.

In that case, the non-occupier would be entitled to recover any mortgage or rental payments made by the non-occupier, from the occupier within the finances of the breakup of the relationship/marriage.

If she is obviously not paying, you would be entitled to recover the rental equivalent from her as part of the court order to get her out.

What is problematical for you is that you have paid and supported the children for almost half of their lives and the father doesn’t contribute.

Can I clarify anything else for you?

I am happy to answer any specific points arising from this.

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Thank you.

If you still need any points clarifying, I will still reply because the thread does not close.

Best wishes.

FES

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