Mrs

[Laura-r]

I'm wondering if anyone can help me. Me and my partner of 16 years have recently just split and we have a child together . He wants me out of the house (his parents own it) quickly, we was once married but got back together but he still wanted to go through with the divorce. Is he able to throw me and his son out with nothing? We have pets too.

[EXC]

Re: Mrs

Hiya

I'll ask someone if they can help. In the meantime when were you divorced and on what grounds? What was the custody agreement?
@Amethyst @Kati

[Diana M]

Re: Mrs

Me and my partner of 16 years have recently just split and we have a child together . He wants me out of the house (his parents own it) quickly, we was once married but got back together but he still wanted to go through with the divorce. Is he able to throw me and his son out with nothing? We have pets too.

Hello Laura,

May I ask what the arrangement is for you and your son living in his parents' house? Is it informal, or do you have a tenancy agreement and pay rent? Or does he pay any rent to his parents?

Even if you don't pay rent are the utility bills and council tax accounts in your name, his name or his parents' names.

I'm guessing his parents' house is not in his name (is it?) in which case I'm not sure he can get you out - only the owner of the property can. Do you have a good relationship with his parents who are the grandparents of your child?

You say he wants you out "quickly" but has he given you any practical reason for that or is it an emotional reason?

Di x

[Laura-r]

Re: Mrs

We didn't have the child when we got divorced. We divorce because I left him for someone else.

[Laura-r]

Re: Mrs

I use to have a good relationship with his mother but recently she ignores me. I pay for the shopping and wifi, the rest goes through the farm account as he works for his parents. The reason he wants me out is because I wasn't happy about him going out all the time and having loads of people round here 3 nights a week all drinking.

[Diana M]

Re: Mrs

I pay for the shopping and wifi, the rest goes through the farm account as he works for his parents.

So does the 'farm' own the property in legal terms and he's entitled to live in it as part of his job?

Di x

[Laura-r]

Re: Mrs

Yes but I don't think he has a official tenancy agreement. As far as I'm aware that's been done because he only gets paid £50 a week wage and then claims working tax credits. He also has another son who he never wanted anything to do with and didn't want to pay csa another reason he gets a low wage

[Diana M]

Re: Mrs

I don't think he has a official tenancy agreement. As far as I'm aware that's been done because he only gets paid £50 a week wage

He may have an Agricultural Tenancy where the rent is low or non-existent as all part of a farm worker's arrangement.

Nevertheless you are current living there with your (and his) child so you will have some legal protection. No one can throw you out of your home without first obtaining a court order. Courts will always put the welfare of a child first and foremost. How old is your child?

If you think this split is likely to be permanent then you need to establish who is the legal owner of the property and whether a tenancy has been granted on it. Once you know that, you'll know what you're dealing with.

Why not ring Shelter's free helpline in the morning to give yourself some peace of mind 0808 800 4444 (let them know if you live in Scotland where housing law varies).

Agricultural Tenancies are a specialist legal area but they have specialist advisors who may be able to help you http://england.shelter.org.uk/get_ad...ural_tenancies

Where is he currently living?

I suppose the next thing you will need to do is ensure that your child is getting financial support from his father.

One step at a time.

Di x

[Laura-r]

Re: Mrs

At the moment he is still here in the spare room. I suggested he move in next door with his parents but he wasn't having any of that. Our son is 9 years old.

[Diana M]

Re: Mrs

At the moment he is still here in the spare room.

Is that workable as a temporary solution?

I suppose if his drinking companions are still coming over three nights a week it may not be.

Di x

[Openlaw15]

Re: Mrs

I'm wondering if anyone can help me. Me and my partner of 16 years have recently just split and we have a child together . He wants me out of the house (his parents own it) quickly, we was once married but got back together but he still wanted to go through with the divorce. Is he able to throw me and his son out with nothing? We have pets too.

he cannot force you to leave as you have occupier rights under the law, you still have protections even though you're no longer married to him. He has a duty to provide for your son too. Is the house in his parents name ie the legal interest (by deed)? This property is your home, how long have you lived there, no matter what he will need a court order to have you removed.

[Diana M]

Re: Mrs

he cannot force you to leave as you have occupier rights under the law, you also have protections as you're still married to him.

I agree with you that Laura should have occupier rights.

She has said that she divorced him so that may dilute her legal protection on that front but he (the father of her/their child) still has a duty to his/their child who was born after they divorced.

We didn't have the child when we got divorced. We divorce because I left him for someone else.

Di x

[Openlaw15]

Re: Mrs

I agree with you that Laura should have occupier rights.

She has said that she divorced him so that may dilute her legal protection on that front but he (the father of her/their child) still has a duty to his/their child who was born after they divorced.



Di x

Yes I changed it to divorce after i misread it for still married.