legal rights to stay in house with my child as house in ex's name

NewKittenHelp

DVardysShadow wrote: »

Everyone should be put back where they were before. Except that things have moved on. So your ex won't be back in his old place - even if that is what he might now prefer.

You can go back to your flat after giving your tenants notice. You don't actually have to go down this road. But it is not reasonable to stay any longer than this would take. So if you can work out something better, you need to do it within 2.5 months or so.

That may be the case with a marriage but not with just a relationship. She needs to move out asap because she has no rights or security at the moment and her ex shouldn't be expected to continue to support someone who is no longer his partner.

Fire_Fox

must*save*money wrote: »

Thankyou for your replies, some seem a little harsh!
I should clarify that my ex willingly moved into a spare room (it is a 4 bed house!!) as I have had recent major surgery and needed the space and comfort while recovering, he now wants the room back stating his rights to be in his bed. I do not have a problem with this, more that he is so demanding without the need to be, and threatening to throw us and our things out!
Yes the house is his, I am contributing to bills, and I pay fully for all expenses for my daughter, he makes no contribution to her and I do not expect him to. I will not be able to afford education if I have to pay rent elsewhere as the costs are overall greater than the shared costs of living together, that is all.
My concern of going back to my flat are issues with schooling in the area and childcare facilities (hence why I moved areas in the first place) as I do work shifts/late hours.
My asking for your for help was in relation to how long I can reasonably stay in the house to find somewhere decent to live without upheaving my daughter to halfway houses, family/friend sofas and lodgings etc, and the right to non harrassment by my ex in the meantime

You have no right to stay in his house for any amount of time, he could legally ask you to leave tomorrow. He gave his bedroom up because you were in a relationship now you are not, he is paying the mortgage you are not. Even if he is being unreasonable wanting his bedroom back, pick your battles. You want somewhere to stay whilst you sort out a suitable home for your daughter, but what is in this for him? He has all the downsides of a wife and child without any of the perks. If you don't want to be harassed you have the right to move out.

DVardysShadow

NewKittenHelp wrote: »

That may be the case with a marriage but not with just a relationship. She needs to move out asap because she has no rights or security at the moment and her ex shouldn't be expected to continue to support someone who is no longer his partner.

They are a sorry pair really. They did agree to an arrangement which involved MSM renting out her flat and in the moral sense her ex has a strong duty to live that arrangement out until OP can get herself back into her flat.

NewKittenHelp

DVardysShadow wrote: »

They are a sorry pair really. They did agree to an arrangement which involved MSM renting out her flat and in the moral sense her ex has a strong duty to live that arrangement out until OP can get herself back into her flat.

If that's the case then the OP has a moral duty to share half the proceeds of her flat income with him. It works both ways.

We don't know why they've split up, we just know they have, and so the OP needs to make alternative arrangements asap because she has no rights where she currently is, and whatever her ex's moral duty is doesn't factor.

FBaby

How did you go from being engaged to breaking up in two months? Surely in light of the level of commitment you should be focusing on working things out unless one of you betrayed the other?

If you are contributing to the bills only not the mortgage, didn't contribute to solicitor fees and are keeping the rent after mortgage costs of your property then clearly you have little right over this property. Maybe you can come up to an agreement where he gives you a couple of 1000s if you have contributed something

DVardysShadow

NewKittenHelp wrote: »

If that's the case then the OP has a moral duty to share half the proceeds of her flat income with him. It works both ways.

We don't know why they've split up, we just know they have, and so the OP needs to make alternative arrangements asap because she has no rights where she currently is, and whatever her ex's moral duty is doesn't factor.

Fair point, although mortgage and all, the net proceeds are probably not huge and the amount is probably subsumed in the contributions she is making to the household.

Although we don't know why they have split up, the system appears to be "What's yours is ours and what is mine is mine". If OP is only making a contribution to bills, keeping her flat ringfenced and sending the daughter to private school, some kind of bust up appears inevitable.

FatVonD

must*save*money wrote: »

I will not be able to afford education if I have to pay rent elsewhere as the costs are overall greater than the shared costs of living together, that is all.

Welcome to the world the rest of us live in.

marywooyeah

your ex can't expect you to find somewhere immediately so if your relationship really is over then you need to both be reasonable - you stay in another room and continue to recover from your surgery and look for a new house in the meantime.

if you did pay towards bills you haven't lived there long enough to build up a constructive trust therefore you do need to just cut your losses and move out. feel sorry for your daughter going through all that upheaval in such a short space of time hope she will be ok.

PasturesNew

He's probably threatening to throw you out because you're probably giving it "I'll have your house ....".

You need to negotiate with him to stay in his house (bedroom of his choosing) until your tenants have moved out.

Give notice to your tenants, pointing out to them that if they wish to leave early you'll only charge them rent up to the day they leave.

Then be pleasant and polite and make the move as painless as possible.

themull1

What about your daughters father? can he not help out?