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Right to stay in Family Home

7 replies

Darkness369 · 17/06/2019 12:55

My ex and I split up about 3 months ago (his infidelity and controlling behaviour) but we are having to live together and the situation is making me deeply unhappy (to the point of antidepressants).

We have 3 dcs, youngest is 2, and 1 is disabled and I am a carer for. I have been a SAHM for over 6 years whilst my ex has built a career and become a high earner. He owns the family home and also a rented property. It is all in his name. He point blank refuses to leave the family home and keeps telling me that I can leave.

I have no money and nowhere to go with 3 kids. There is no joint account. I have started the application for council housing but we are band C so low priority. We live in a village, the eldest 2 attend school here, so the likelihood of me getting a local property is very remote. I think that he would prefer that I leave him with the children, but I am the primary carer and he is out of the house for work 50-60 hours a week.

What is the likelihood of him being legally able to force me out? Would he be awarded residency for the children if he applied for it? Is there any chance of me and the children being able to stay in the family home without him? I have an appointment with a lawyer but it is 3 weeks away and I don't know how much longer I can stand this level of stress. Thanks in advance.

OP posts:
Watto1 · 17/06/2019 12:57

Are you married? That makes a huge difference

Darkness369 · 17/06/2019 12:57

And to be clear, I am utterly desperate not to be separated from my children. I appreciate that he probably feels the same, but he must know that with work commitments he can't offer them the same amount of time.

OP posts:
Darkness369 · 17/06/2019 12:58

No I know. Sadly we're not. He refused to.

OP posts:
prh47bridge · 17/06/2019 14:35

Would he be awarded residency for the children if he applied for it

Nothing is automatic. If he applied for an order saying that the children live with him the courts would look at what was in their best interests.

Is there any chance of me and the children being able to stay in the family home without him

Yes. You may be able to force him out and stay in the family home yourself until the children are grown up.

MissMalice · 17/06/2019 15:43

Is that the case even if they weren’t married prh?

smallereveryday · 17/06/2019 16:01

They aren't married. However under schedule 1 of the children's act (I think that's it but Prh will know) he can still be required to House his children. It's not ideal as I don't think the mother ends up with any property as it remains his. Again a lawyer can advise you.

If they were married she would have ownership rights regardless of whose name the house were in. This is why it's always best to marry before kids but once this has happened get yourself a lawyer who knows this stuff. It's not easy.

prh47bridge · 17/06/2019 16:13

It is indeed Schedule 1 of the Children Act and TOLATA that can potentially allow an unmarried parent to stay in the family home.

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