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Relationships

Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

can i kick him out?

14 replies

blue3333 · 10/07/2014 14:24

hi, question new to this. I live in a house its mine totally, i pay the mort, the deeds are in my name. my partner now my ex has three kids living with me and mine one child. I have seen a lawyer & he says I dont need to do anything about it, you can ask him to leave. he is unemployed. I pay for the food for all. the bills were in his name but as he had no money I moved them to me. is is really ture I just ask him to leave?

OP posts:
Flissity83 · 10/07/2014 14:37

Of course you can. You owe him nothing. Just depends on whether you're happy to make them all homeless. But it certainly isn't your problem.

hellsbellsmelons · 10/07/2014 14:47

Of course you can.
You aren't married.

He hasn't contributed at all.
He has no claim on anything.
Do the kids have somewhere to go?
If so then, get rid and do it fast.
Good luck!

ImperialBlether · 10/07/2014 14:51

You pay for all the bills including food for you, your child, your partner and his children?

Do his children stay with you all full time?

Where would his children go to if you kicked him out?

What's he done that makes you want to end the relationship?

CogitoErgoSometimes · 10/07/2014 14:51

Yes of course. It's your home, you're not married and he's basically got no higher status than an unwanted guest. Is he likely to become aggressive when told to leave?

blue3333 · 11/07/2014 05:34

the children go to there mum every other weekend, they could go there on a perm basis if requested. she has mental health issues the reason he has them.

End the relationship?, I guess from his part time job to nothing and asking me for monies constantly each month. he was paying the utility bills, I transferred the monies to his account for them, all electronic so proof of this over 12 months.
the kids are the one that suffer in all this. he has discussed benefit interest in the place as he paid, but read this is hard to get and costly.

I pay for the food, the bills now and his keep, as my mother says.

the mort company have a document that he signed when he moved in which says he has no legal right over the property.

I am thinking to rent the place out as when I tell him he could always pop over in the future, hate if that happened, the conflict.

OP posts:
CogitoErgoSometimes · 11/07/2014 07:10

When you say 'the conflict' do you think he would get aggressive or harass you? It's a pity that his children will be disrupted but, with the best will in the world, they come as a package with him. If you can't have him in your life, they'll have to be collateral damage.

WildBillfemale · 11/07/2014 07:29

Legally everything is yours and unless you want him there he has to leave.

Lweji · 11/07/2014 07:38

As the solicitor said, you can simply ask him to leave.
You have to give some notice, 2-4 weeks is fine.
I'd do 4 weeks as he has children.

kaykayblue · 11/07/2014 08:11

Does she even have to give notice? He isn't a tenant, he is just a guest.

If you have a guest staying with you they have no legal dwelling rights to the property.

Lweji · 11/07/2014 08:16

He is not a guest as they have been cohabiting.
I've previously checked the law on that and reasonable notice should be given. Even without the children.

Would anyone consider fair if a male partner kicked a female partner out without fair notice? Didn't think so.

AnyFucker · 11/07/2014 08:27

Yes, get shot of him and if he gets aggressive call the cops

Stripyhoglets · 11/07/2014 10:08

If his children live with him and you are asking him to move out, he will be homeless and entitled to housing from the council, this may well be temporary housing at first. He needs to go and apply and you should write a letter explaining the house in in your name and you are requiring him to go by X date as your relationship has broken down now.

kaykayblue · 11/07/2014 10:45

Lweji - It doesn't matter if they have been cohabiting. There's no common law marriage in England. They aren't married. He isn't on the lease. He doesn't contribute financially to anything in the house. He signed a contract before moving in saying he had no legal right over the property.

It doesn't really matter if it's "fair" or not. In this situation a man could kick out a woman with no notice, just the same as vice versa.

The OP wasn't asking for our philosophical views on the ethics of giving notice or not. She just asked if it's true she just needs to tell him to leave. And it is true.

Lweji · 11/07/2014 11:16

Seriously, giving fair notice to evict is not the same as saying he has the same rights as a married person.
He is a resident there, not a temporary guest, even if the house belongs to the OP.

"All that your partner must do if they want you to leave is to give you 'reasonable' notice."

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