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my partner and I have split up with have a child together,

 
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  • Answered by:jusleen
  • Family Lawyer
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Customer Question

my partner and I have split up with have a child together, we also own a house together which I want to sell but we do need to do some repairs to it, in the meantime it isn't healthy living in the same house, I have offered to omve out with our daughter to my mothers but a friend has said I can stay in the house until sold and he should move out? what rights do I have to do so?

 

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Province/Country relating to question : hamsphire

Submitted: 309 days and 18 hours ago.
Category: UK Family Law
Value: £22
Status: CLOSED

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Expert:  jusleen replied309 days and 18 hours ago.


jusleen : Is your partner willing to sell the property? Have you discussed with him whether he is prepared to
jusleen : Move out? Can you afford half the mortgage payments etc? Would he contribute his share or more? How are the repair costs going to be met? How old are the children and is the father named on the birth certificate?
Customer :
Customer :

he wants to sell the property as we have equity so we would come out with some money each but he wanst to do the house up and pay his debt off before putting the house up for sell and I ahve been trying to say we need to put it up sooner than that, he said he wont move out but it is not healthy living together as he wants to argue all the time,

I will still stick to paying my half of the mortgage as I dont want to be blacklisted, the household bills not sure on but could manage as my mother wouldn't ask for much, we are trying to tackle the repair costs each month as we are both a little stretched paying off credit cards etc... but were hoping to get repairs done over next few months and doing it ourselves, Our daughter is 19mths and yes his name is XX XXX birth certificate

jusleen : Hi I am now going to go to court but will be back after 2.00. Is it ok with you of I reply to your query then?
Customer :

Hi, no problem speak later this afternoon, if you need any other info in the meantime please just let me know

Customer :
Customer :

Many Thanks

jusleen : Hi as the property is jointly owned if you ex will not move out then you would need to apply for an occupation order under the Family Law Act. The court would only make such orders removing him from the property is his behaviour was having a detrimental affect on yours and/or your daughter's emotional or physical well being . If you have somewhere to go and seeking the house be sold anyway, it may be more suitable for you to move to your mothers house. If you do leave then the child's father would need to pay maintenance for your daughter. The calculation can be done on www.cm-options.org.uk. In respect of the mortgage you are both liable for the mortgage and any buildings insurance. You may suggest that he pays your half of these liabilities instead of maintenance until the house is sold.
jusleen : In relation to wanting the house sold, if one of you does not agree to the house being sold now then the other, in this case you would need to apply to court for the sale if the property. You may want to agree a timeline, expense etc beforehand so you both have a timetable in place when the house should be sold.
jusleen : In respect of your daughter you both share parental responsibility for her which means that you both have a say in important decisions relating to her care, which would include where she lives, her contact with her father etc. if there is a disagreement then either one can apply to court to adjudicate on issues in dispute.
jusleen : I would suggest that you propose mediation as a way to settle matters with your ex about arrangements for your daughter and the sale and arrangements for the house. If he won't agree to go or an agreement cannot be reached then you would know whether you need to enlist the court's assistance. If you go to www.resolution.org.uk you will be able to search for trained mediators and solicitors in your area. I hope this assists. If you wish any further assistance I will be happy to assist. Kind regards Jusleen
Customer :

Brilliant, thank you ever so much, this has been really helpful

Customer :

Expert TypeFamily Lawyer
Category: UK Family Law
Pos. Feedback: 98.8 %
Accepts: 603
Answered: 7/18/2012

Experience: Qualified Family Solicitor practising family law since 1999. Member of resolution.

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