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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 17567
Experience:  I have been practising for 30 years.
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My daughter’s relationship has broken down. Her partner (ex

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My daughter’s relationship has broken down. Her partner (ex partner) owns the property. They have lived separate lives for the best part of the two lockdowns. He now wants her to go with her son and rent a holiday home, despite the fact that she is viewing properties for sale. Where does she stand legally please? Can he legally turn them out?
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: No because up until now the situation seemed under control. She lives in Devon, I am in Italy right now.
JA: What steps have you taken so far?
Customer: It was based on sharing house until she buys a place.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Not at the moment thanks. Just worried!

Welcome to Just Answer.

I will be happy to assist with your question today. I need some time to consider this and compose a response. There is NO need to wait online because you will get an email when I respond. Sometimes it will be minutes, sometimes longer.

I apologise for any unavoidable delay, but rest assured I have not forgotten your question.

how long were they together and in property?

did she contribute to the upkeep or bills?

and is her son also his? how old?

can she afford to raise a mortgage?

Let me answer this as far as I am able.

Having a child under 18, if it is a child of the relationship (this doesn’t apply if it’s a child from a previous relationship) she can make an application to court under part IV of the Family Law Act for a court order to remain in the property and a further application for him to move out.

If on the other hand the child is from a previous relationship and she actually has no right to stay in the property.

If she has contributed to the property either directly or sometimes indirectly, (payment of bills food et cetera) then she has a financial claim to bake against the house but that would not necessarily allow her to live in it.

I am glad to help.

Hopefully, I have answered your query in a way that is simple and easy to understand.

I would be more than happy to clarify anything else for you. In the meantime, thank you once again for using our services.

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

Please be aware that my answer is based strictly upon the information you have given me.

If you still need any points clarifying, I will be happy to reply because the thread does not close. In fact, it remains open indefinitely.

I am always happy to answer any further questions you have on any new thread in which case, please start your question with, “ For FES only”.

That only applies to new threads, not this one. You have me exclusively on this one.

Thank you.

Best wishes.


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