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.
Please take a moment to look at the top right-hand corner of the page and rate my service by clicking one of the stars at the top of the screen.
You may need to login again to use the rating service. Although it says "rate to finish" it doesn't close the thread and we can still exchange emails.
It's important that you use the rating service because that gives me credit.
It doesn't just give me a pat on the head! It's what gets me paid!!
There is also an experts incentive scheme whereby the more 5 star ratings I get I do actually get a pat on the head!
All you need to do is press Submit.
If you still need any points clarifying, I will still reply because the thread does not close.