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Legal matters

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Ex is trying to force DD and I out. Is he right to?

9 replies

SugaredSocks · 16/09/2017 18:19

My ex and I are locked into a stalemate on who should move out of our rented house. He paid the deposit as I wasn't working at the time as I was on a career break and 8 months pregnant at the time. He also insisted on being the lead tenant. Does this mean that I should be the one to leave even though it would leave myself and DD homeless? As I'm currently retraining for a new career and would be on benefits I feel that he would putting us in a very difficult situation. His idea is we stay in the house together and lead separate lives but I know he's just assuming that eventually things will go back to how they were but I think we are toxic together (he's insisting I get a babysitter for when I'm doing my course even though he'll be here as he won't do me any favours) the house is absolutely tiny as well so we'd be on top of each other all the time. I really don't know where I stand and if it wasn't for DD I would gladly and rightly go but how can I do that to her?

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LaurieFairyCake · 16/09/2017 18:29

Tbh in that situation I'd leave. If he's not going to parent why be there putting up with him.

Yes he should leave but he refuses to.

Are you in an area where council housing is possible or can they put up your deposit for you?

abbsisspartacus · 16/09/2017 18:32

He is the lead tennant he keeps the house

SugaredSocks · 16/09/2017 18:46

Honestly I don't have much of a clue as to what I'd need to do about seeking that kind of help. I suppose he's right and we should go but I never thought he'd be cruel enough to make his own two year daughter homeless. I guess I shouldn't have taken things for granted and shouldn't have relied on him financially. Thank you for your advice.

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babybarrister · 16/09/2017 18:54

This reply has been deleted

Message withdrawn at poster's request.

SugaredSocks · 16/09/2017 20:21

Thank you I shall look into that. Just for clarity he is the lead/named tenant but I do pay my way and am on the tenancy agreement it's just he's put more in than I have (deposit) as he's had the means to do so whilst I stayed home with our DD.

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DancingLedge · 16/09/2017 20:40

So relieved you've returned Socks.
Baby barrister knows what she's talking about.
Sit tight until you've had real life advice from a lawyer, and maybe Shelter.
Moving out , even out of a difficult situation, can make a council say you've made yourself intentionally homeless, and therefore they don't have to help.
You have to do things correctly in regard to the law, to look after your and your DDs interests.
Hope things work out for you both.Flowers

SugaredSocks · 16/09/2017 20:46

Thank you I'm definitely going to seek advice before doing anything. There's no where we could go anyway. I'd gladly walk out not knowing where I was going but I'd never do that to my DD. For what it's worth I don't want to make him homelesss either but I'll always put her first and foremost on absolutely everything.

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MrsBertBibby · 17/09/2017 09:32

There's no magic in being a "lead tenant". That's not a legal concept. You are just as entitled to live there as he is, and just as liable for rent.

Legal aid is still available for applications for occupation orders, to prevent him throwing you out, and to throw him out if his behaviour worsens. Get to a solicitor asap.

SugaredSocks · 17/09/2017 21:54

Thank you I shall definitely be seeking legal advice. I really appreciate everyone's comments.

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