Who is going to pay.

New.Beginnings

Mojisola wrote: »

Make contact with one of the fathers' support groups - they will have seen this all before and will be able to give good advice.

Posting again on the Child Support or Relationships Board will also bring replies from experienced people - link back to this thread so replies don't get duplicated.

Thanks I wasn't sure this was the right board, but couldn't see any other.

She has a part time job in a pub, her mum has the baby, but can I legally break in. I can't even afford a solicitor for advice that's why I came here.

Ms_Chocaholic

botchjob wrote: »

Yes, your 18 month old son deserves to be out on the streets.

Your responsibility is to him so you may have to suck it up. If there is no or little equity then there's no point in arguing about something that belongs to the bank, not you.

The best advice at this point is to talk to a solicitor or CAB, not ask randoms on the net.

Good luck.

Please see my second post; I wasn't suggesting that he made his child homeless but rather move back into his own home and then his ex-partner then had the choice to stay there with him or find alternative accommodation.

Ms_Chocaholic

New.Beginnings wrote: »

Thanks I wasn't sure this was the right board, but couldn't see any other.

She has a part time job in a pub, her mum has the baby, but can I legally break in. I can't even afford a solicitor for advice that's why I came here.

Are there any Court orders in place at the moment.

clarabelle41

Could you put the house up for sale. Tell her you can't afford the mortgage. If its in yr name surely she can't stop you? As someone said before contact one of the fathers support groups. If your seeing your son at a contact centre I'm guessing there are other issues here but if outside agencies are involved continue to work with them for the sake of your child and seek professional advice on your legal position.

BigAunty

New.Beginnings wrote: »

... I can't even afford a solicitor for advice that's why I came here.

I agree with botch job - this is far too complex an issue to expect expert answers on a housing forum since there are legal/social/relationship ramifications. We can't tell you that you are clear to break in.

You need expert advice - suggest that if you have now spent your disposable income on an expensive rental property (yes, I know she made you homeless), then you should think about a loan to pay for legal advice or pay it from the money you would have sunk into the mortgage if you want to play the risky repossession game).

No-one here is likely to understand the terms of the social services intervention that appears to ban you from seeing your child outside of a contact centre. By pure ownership terms, you have the right to occupy your property, how the ban on contact with your child affects this, perhaps overrides it, who knows.

You can do what you like with your property, in terms of ceasing to pay the mortgage so that it is repossessed and thus she is evicted by bailiffs (and probably rehoused as a priority by the council) but where does this leave you? In debt and without your own place....

Ms_Chocaholic

But how on earth would he sell it, do you really think she would allow viewings to take place?

HAMISH_MCTAVISH

New.Beginnings wrote: »

She has a part time job in a pub, her mum has the baby,

So the baby isn't even living there full time?

can I legally break in.

Probably.

Entering your own property to resume living there is likely to be legal, particularly if her family has used coercion, undue influence or mislead you in any way to try and get you out.

But you should take advice from Shelter and the CAB.

What you are unlikely to be able to do is force her to move out without some form of legal proceedings.

I can't even afford a solicitor for advice that's why I came here.

Shelter or the CAB will offer advice for free.

clarabelle41

As for the injunction - on what grounds do you think she might try to get one? Is she just trying to frighten you without any real basis. She can't just get one because your relationship is over.

https://www.fathers-4-justice.org

Own_My_Own

I am confused. I posted on this thread.

Are there 2 the same ?

clarabelle41

Ms_Chocaholic wrote: »

But how on earth would he sell it, do you really think she would allow viewings to take place?

Get a locksmith to change the locks when she's out, move in. It's not uncommon for tenants to be in situ when LL are selling up, & not all will be happy about it.