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

peachyprice

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.

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)

How did you manage with private schooling before you moved in with your partner just 7 months ago? Presumably she was in private education before, and you managed just fine? Does her father not contribute towards her private schooling?

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,

Why would you end up sofa surfing, living in lodgings or a halfway house when you have a flat that was perfectly adequate for your needs until recently?

From what you have written it sound like you've used your partner to get yourself and your daughter a better life you couldn't afford by yourself. Now you don't want to go back to what you had before but believe he has some legal obligation to provide a home for you until you find another home in the style to which you have become accustomed. Sorry, but real life isn't like that.

fluffnutter

must*save*money wrote: »

.. kept my flat as investment. I have no intention of returning to my flat ...

Hmm, beggars can't be choosers springs to mind. Why do you think you have any right to someone else's home? You've got a perfectly good one of your own. It might suit you to 'keep [it] as an investment' but why should that mean your ex has to move out of what is, frankly, his house?

Sorry, but your whole post smacks of a sense of entitlement but no real sense of responsibility.

fluffnutter

must*save*money wrote: »

I will not be able to afford education if I have to pay rent elsewhere..

Send her to state school. Jeez.

Edwardia

must*save*money wrote: »

I have just split from my partner and need all the advice I can get as to my rights. The situation is that I moved in with my partner 7 months ago and we had decided to get a larger house together so put our names down for a new build 9 months ago. I have rented my flat out to tenants, and for convenience at the time my partner purchased the new house in his name, by part exchange for his old house, and all the deeds and mortgage are in his name, on solicitors papers I am listed as living in the house. I also have a 7 year old child from a previous relationship. We also got engaged a week before we moved into the property in June. Since we have decided to split my partner wants me out of 'his' house and is threatening to throw my possesions out if I refuse to allow him to return to the main bedroom tomorrow night. I am quiet taken aback by the threatening nature and need advice asap please. I need to consider that it will take time to relocate schools (as currently fee paying as will no longer be able afford on my own) and find suitable accommodation for myself and my daughter. We had relocated in good faith that we had found our forever home and kept my flat as investment. I have no intention of returning to my flat and this has a 2 month notice period on it anyway. Any advice will be welcome asap. Thankyou

His house, not yours. You haven't been living with him long enough and you're not contributing to the mortgage nor sharing your rental income with him so have no rights. If you were given a document to sign at the solicitors it's mostly likely an agreement to give priority to the mortgage company's rights above any you might accrue in the relationship.

I daresay he is rightly annoyed with you for refusing to let him sleep in his own bedroom. He can chuck you out on your ear quite legally, he doesn't need to allow you to live in his house at all.

At best you're naive if you thought that moving in with a man without having your name on anything gave you any rights in a mere 7 months, fiancee or not. At worst you're freeloading on him hoping to get half of everything after paying a few bills.

Feel sorry for your daughter but yep she'll have to go back to state school

justjohn

I am just lurking this thread.....but i do have my popcorn ready lol

DVardysShadow

justjohn wrote: »

I am just lurking this thread.....but i do have my popcorn ready lol

I think OP probably won't return.

Gavin83

What caused the breakup?

Echoing everyone else on here you have no rights. I'd imagine from the tone of your posts you've been speaking to him like you have a right to the house which has probably prompted a more negative reaction than he may have had.

I'd suggest you serve your tenants notice, tell him your sorry for your reaction, give him the bedroom back and ask if he'll let you stay in a spare room until you've got the flat back and offer him some rent money. He might be more willing that way.

cheepskate_2

Op, depending on how long your daughter has been in her school, you may get help for a financial bursary due to changed circs.

You can only try and may be lucky to be able to keep her at her school

must*save*money

The initial intention was to purchase the house in his name for convenience and change both mortgages into both our names, on this house and the flat once my mortgage term on the flat ends next month. Everything has always been shared financially, I am not a money grabber, I pay half of everything, earn my own living and did not need him to better myself. After 5 years of friendship we entered a relationship that failed, that is the unfortunate turn of events. I have never asked him for a penny for my daughter's keep or schooling. The issue with school is that it was applying for free school status this Sept and was declined but has been accepted for next year. I paid for last year's fees to secure her position in the school. As the bills have always been half, to move into rented accommodation I cannot afford the schooling and pays bills as this will exceed my outgoings - in the current market, and I do not profit from renting the flat out, it just covers the mortgage and fees.
As always stated I want to know what is reasonable to ask to stay in the property until I get the flat back (2 months notice) or if I have to leave now. He wishes to keep the house and I do not want a share of the house or his money, just the right to stay until I can make alternative arrangements for accommodation for myself and my daughter....
From advice I have now sought elsewhere, in family law a person cannot make a child intentionally homeless and an occupation order is the way forward to enable me to have the time to move out with minimal disruption for my daughter. If it was just me i'd be gone, but I have my daughter to consider.
Yes the greatest sufferer in this sorry mess is my daughter and I will not apologise for wanting to keep her in the school she has settled into, with her friends as she needs some stability right now.

Fire_Fox

must*save*money wrote: »

As always stated I want to know what is reasonable to ask to stay in the property until I get the flat back (2 months notice) or if I have to leave now. He wishes to keep the house and I do not want a share of the house or his money, just the right to stay until I can make alternative arrangements for accommodation for myself and my daughter....
From advice I have now sought elsewhere, in family law a person cannot make a child intentionally homeless and an occupation order is the way forward to enable me to have the time to move out with minimal disruption for my daughter. If it was just me i'd be gone, but I have my daughter to consider.
Yes the greatest sufferer in this sorry mess is my daughter and I will not apologise for wanting to keep her in the school she has settled into, with her friends as she needs some stability right now.

Not as always stated, you asked your RIGHTS you did not ask what is reasonable. Intention is irrelevant, you (both) chose to go ahead instead of waiting for your mortgage term to be up, that put you and your daughter's security at risk. If you'd posted here a year ago we would have warned you of that. Nobody is making you homeless, it will take you two weeks to find somewhere to stay.