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

NewKittenHelp

must*save*money wrote: »

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.

This doesn't apply. He's not her daughter, he has no responsibility to house her, and he's not making her homeless - you are by choosing to not find alternative accommodation immediately.

You have no rights to stay in his house, so before you start trying to take legal action against him (which will fail) you might want to consider that before he turfs you out and changes the locks.

Before you said you have no intention of returning to the flat but now you say you want the time in which it would take you to move back in. He sounds like a very lucky man to have escaped you.

sausageface

I honestly cannot understand peoples' 'anger' towards the OP? She has been a relationship with a man who obviously cared for her and her daughter enough to make long term plans, marriage etc. with; but as soon as it turns sour he wants them out of his house immediately...!?!

Who, especially with a child, can move out of a house straight away? I honestly don't know about the legal position but the moral position I have my own clear views on.

OP, I hope you are able to sort a home for you and your daughter soon enough and get that knob out of your life. Wishing you good luck.

NewKittenHelp

sausageface wrote: »

I honestly cannot understand peoples' 'anger' towards the OP? She has been a relationship with a man who obviously cared for her and her daughter enough to make long term plans, marriage etc. with; but as soon as it turns sour he wants them out of his house immediately...!?!

Who, especially with a child, can move out of a house straight away? I honestly don't know about the legal position but the moral position I have my own clear views on.

OP, I hope you are able to sort a home for you and your daughter soon enough and get that knob out of your life. Wishing you good luck.

He doesn't want her out of the house immediately, he wants his bedroom back immediately, which seems fair enough. She refused to allow him to sleep in his bedroom so he threatened to throw her out. Considering he can just turf her out without a moment's notice, you'd think she'd have the sense to move into another bedroom straight away and not start threatening him with legal action.

To add, I cannot stand anyone who uses their children as an excuse to sponge off others.

Dave101t

i cant read anymore than 'we got engaged around june' and now you are split up and out eachothers lives? you need alot more advice than what you can try and 'dig' of him.

DVardysShadow

sausageface wrote: »

I honestly cannot understand peoples' 'anger' towards the OP? She has been a relationship with a man who obviously cared for her and her daughter enough to make long term plans, marriage etc. with; but as soon as it turns sour he wants them out of his house immediately...!?!

Who, especially with a child, can move out of a house straight away? I honestly don't know about the legal position but the moral position I have my own clear views on.

OP, I hope you are able to sort a home for you and your daughter soon enough and get that knob out of your life. Wishing you good luck.

It seems that he only wants her out of the bedroom immediately, not out of the house. Clearly the child has needs - which I believe the ex is respecting and I think that allowing them to stay long enough for OP to get her flat back is reasonable. But not much longer than that.

What really strikes me about this is OP's cold, unemotional acceptance of the relationship break up and general lack of passion over almost everything except her daughter. I can only see the ex as someone who has woken up a bit late to realising that he is being taken advantage of, by someone who is not interested in him one little bit.

Marisco

sausageface wrote: »

I honestly cannot understand peoples' 'anger' towards the OP? She has been a relationship with a man who obviously cared for her and her daughter enough to make long term plans, marriage etc. with; but as soon as it turns sour he wants them out of his house immediately...!?!

Who, especially with a child, can move out of a house straight away? I honestly don't know about the legal position but the moral position I have my own clear views on.

OP, I hope you are able to sort a home for you and your daughter soon enough and get that knob out of your life. Wishing you good luck.

But wouldn't that depend on why it turned sour? And it's the bedroom he wants her out of, and if she has any sense, she'll take one of the other three bedrooms, give notice to her tenants, and make like a ghost until the flat is available again!

It's always difficult as there is usually two sides to every story, (sometimes three, yours, mine and the truth;)) but people are going on what the op has posted, as that is all we can do, anything else would be speculation. The op is hardly going to come on here and put herself in a bad light is she? But for all we know, she could be a right biatch, and the ex has had enough.

Somerset

must*save*money wrote: »

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 .

must*save*money wrote: »

and I do not profit from renting the flat out, it just covers the mortgage and fees.
.

So if you can't afford to pay housing/living costs plus school fee's how do you intend to finance somewhere in the area to live, as you imply you will ?

It's all about the school. Since you can't afford as a single parent, to live in the area and pay school fee's, presumerably you hope to string out the situation till next year when the school is free ?

Somerset

Marisco wrote: »

if she has any sense, she'll take one of the other three bedrooms, give notice to her tenants, and make like a ghost until the flat is available again!

That won't do the OP. She wants to stay in the 'new' area because that's where the school is. I don't think she's see's returning to the flat as an option.

Hence she's looking for a ''legal right'' to stay in the ex's house.

must*save*money

We both realised we werent compatible and arguments started while I was off on leave after surgery as I was expected by him to deal with workmen coming in and out of the house and keep the house running when should have been laid up in bed. He became threatening in the arguments and scremed in my face threatening me and I logged the frightening event to the police. he has taken resentment to this and has told me to leave and that we cannot work things out.
I did as he asked and moved out of the bedroom immediately, and he told me yesterday I have until 5pm Fri to get myself and my daughter and all my possesions out.
I would rather not return to my flat as it is happily rented with good tenants and I would prefer to stay in this area and rent myself, that cannot be done immediately either as need to go through credit checks and it would help if Rightmove updated their site as every property I called about is taken. Plus due to the nature of the surgery I am not supposed to do any lifiting and how on earth can I reasonably pack up go by Friday. plus not a lot will happen being a bank hol this weekend......

Marisco

must*save*money wrote: »

We both realised we werent compatible and arguments started while I was off on leave after surgery as I was expected by him to deal with workmen coming in and out of the house and keep the house running when should have been laid up in bed. He became threatening in the arguments and scremed in my face threatening me and I logged the frightening event to the police. he has taken resentment to this and has told me to leave and that we cannot work things out.
I did as he asked and moved out of the bedroom immediately, and he told me yesterday I have until 5pm Fri to get myself and my daughter and all my possesions out.
I would rather not return to my flat as it is happily rented with good tenants and I would prefer to stay in this area and rent myself, that cannot be done immediately either as need to go through credit checks and it would help if Rightmove updated their site as every property I called about is taken. Plus due to the nature of the surgery I am not supposed to do any lifiting and how on earth can I reasonably pack up go by Friday. plus not a lot will happen being a bank hol this weekend......

I'd prefer to live in Sandbanks as well, but needs must!! Haven't you got any friends or family you could stay with until you can sort a flat out? If you cannot afford to rent and school fees, then I'm afraid a roof over your head takes precedence. The child is only 7, it would be different if she was in her GCSA/A level year!