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Resident father being asked to leave home and children.

8 replies

RrreCansada · 15/10/2018 12:04

My uncle has cared for his 3DDs since his wife left two years ago. His EXDW is still on the tenancy in the house he lives in. He has recently started a relationship and EXDH wants return to the house with her new partner and my uncle to leave the house and DDs.
My uncle is happy co parenting (the girls see their mum EOW) but wants to remain in the home with the children. His new partner has her own home so has no plans to move in.
I am not sure how official everything is legally in regards to him being a named resident parent. But does anybody have any experience of this?
Will he have any rights? DDs are happy and settled and so is he.

OP posts:
AjasLipstick · 15/10/2018 12:26

Councils and housing associations often have support in place for things like this...is he renting from one of these?

He should speak to his housing officer...and tell them what's happening. Usually because his ex has moved out for so long, he can claim the house because she's been absent. They will want proof she hasn't been living there though and it's quite a complex procedure which may involve court.

He needs also to contact the charity SHELTER who know all about this sort of thing.

Aprilislonggone · 15/10/2018 12:30

Has the exw maintained the house? Paid rent? She will be registered for council tax elsewhere presumably? She is having a laugh imo.

RrreCansada · 15/10/2018 12:31

Yes. It is Housing Association. Thank you lipstick.

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RrreCansada · 15/10/2018 12:35

@april. No, he has maintained the property himself, so there should be no issue proving this. He is upset and weepy atm, so any glimmer of hope I can offer him will mean a lot.

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Aprilislonggone · 15/10/2018 13:34

Doubt she has any claim to it. And her dp less bloody so!!

Aprilislonggone · 15/10/2018 13:41

Just had a quick Google, seems in theory she could move back if she has paid her share of the rent all along. Maybe suggest uncle sends her an invoice for 50% up to date and see her response. Speak to the HA (ask him to give permission is he doesn't feel up to it himself).

HeebieJeebies456 · 15/10/2018 18:31

he needs to have her name taken off the tenancy....and get a residency order so she can't just 'take' the dc.
Two years is a long time to not have done this.
Filing for divorce is also a good idea

RrreCansada · 15/10/2018 19:41

Thank you all for the brilliant advise and support.

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