Ex wants me out

[antoinetteh]

Don't want to give to much info as some friends are on here.

We split up last year after his affair texting a girl from work he moved out and rented another place. Not sure if they are still talking he doesn't say much.

We've been together for 11 years and have two DC's I've always had the same job working from my beauty room at home. He now has told me to leave and that he will give me some money to set myself up and he wants his car back.

If I leave I won't have any where to work from and I will struggle to private rent because of COVID and not working.

Whenever he comes round it turns into an argument as he wants to put the house up for sale, not sure what to do as this has been mine and the kids house for years and also my work space as well.

Are you married?

Who owns the house? And can you afford it on your own? Are you married?

These are all questions that affect the outcome, so would be helpful to know if you don’t mind sharing!

need to know if you are married first - if you are not, whos name is the house in?

Are you married?

What's the set up with your house? Is it both names or just one?

Are you married?

Sorry! not married he never put me on anything

I think you need a solicitor. You may not have immediate right to live in the house, but your joint children may change this. Get professional advice.

Get a solicitor ASAP.

You need to contact your local authority and tell them you are being made homeless with two children.

Have you ever contributed to the mortgage?
It doesn't sound like you have any legal right to stay in, what is essentially, his house. Having kids with someone doesn't give you a right to anything exect child maintenance.

You need to speak to a solicitor.

So not married. Is the house owned outright or is a mortgage getting paid?

On the surface it seems you won’t have a leg to stand on but legally there may be some loopholes because of your children. How do you share custody?

I would get a solicitor and speak to the local authority straight away. Unfortunately it sounds likely that you won’t have right to the house. You might also find renting extremely difficult so you need to speak to LA and say you are at risking of homelessness. Don’t leave until you have their advice and a solicitors, or you could be making yourself “intentionally homeless”.

What child maintenance does he pay? Is there a possibility he would let you stay if you waived his maintenance payments while you were there? How large is the house and what is the price different to the minimal you could live in?

Unfortunately your business needs are not his concern.

If he owns the house and you're not married then you have to move out.

You're entitled to child maintenance but not much else.

So to be honest if he's offering to help you get set up elsewhere then you should rip his hands off, as he's not obligated to do this.

Of course you should move out - you’re in his house. He’s offering to do more than he needs to but setting you up somewhere else.

Has he been paying all the mortgage and bills since he moved out?

You need to get legal advice as to whether an occupation order for the house is appropriate but that is your starting point (and only way forward).

Sounds as though he is trying to make a reasonable suggestion. As you aren't married you won't have much of an objection to him selling the house. All you can do is work with him to find somewhere suitable to move you and the kids into, and then claim maintenance and get on with your life.

But do check with a solicitor to get proper advice based on you actual situation. Good luck.

Oh dear.
Speak to a solicitor.
I doubt you're entitled to much though because you're not married to him.

You need to see a solicitor ASAP. For that appointment, put together some details about how you - as a couple - have managed your finances.

The house is in his name, but have you - for example - contributed to the initial deposit, paid the mortgage, paid other bills which allowed him to pay the mortgage, used your money (from earnings or inheritance) to make major renovations or improvements?

None of that would guarantee you any legal interest in the property, so I don’t want to get your hopes up. But all of it could be relevant. So be prepared for the solicitor meeting, so you’re not wasting your money going without the info.

Is he a high earner? Might be entitled to something under Schedule 1 of the Children's Act? See a lawyer before moving out or agreeing to anything.

Speak to a solicitor but I doubt you would be entitled to stay or any share in the house as you aren’t married
Register with the council or housing association stating you and dc are being made homeless

If you contributed to the deposit for the house and/or the mortgage repayments, you'll have a claim on the property. If that's the case, starting collecting evidence of those payments.