ChatterBank0 min ago
Legally, What Are Her Options?
14 Answers
My daughter and partner of ten years split up when she was five months pregnant due to his abusive behaviour. He ignored her for the first four months of her pregnancy causing great distress at what should have been a joyous time. She had lost two babies due to miscarriage in the previous 18 months.
She moved to the north of England towards the end of her pregnancy to be with us and to have the baby which was born in May and is delightful!
Against the advice of social workers, midwives and family, she allowed him to be present at the birth and also go on the birth certificate. She has always maintained that she wants him to have a good relationship with his daughter.
Initially, he agreed to move out of their home (joint mortgage)and rent somewhere, but now he won’t go. She is currently in a womens refuge as she refuses to stay in the house with him. She has previously reported him to the police for coercive and controlling behaviour. While she was pregnant he has taken her keys off her and refused to let her out of the house. She had to climb over the back fence to get away from him. He wouldn’t move out as he said he would and her during eight month of pregnancy she was sofa surfing at friends houses until she came to us!
She can afford to pay the mortgage and bills if he would leave.
Can anyone tell me what her legal options are re the house.?
Thank you
JB x
She moved to the north of England towards the end of her pregnancy to be with us and to have the baby which was born in May and is delightful!
Against the advice of social workers, midwives and family, she allowed him to be present at the birth and also go on the birth certificate. She has always maintained that she wants him to have a good relationship with his daughter.
Initially, he agreed to move out of their home (joint mortgage)and rent somewhere, but now he won’t go. She is currently in a womens refuge as she refuses to stay in the house with him. She has previously reported him to the police for coercive and controlling behaviour. While she was pregnant he has taken her keys off her and refused to let her out of the house. She had to climb over the back fence to get away from him. He wouldn’t move out as he said he would and her during eight month of pregnancy she was sofa surfing at friends houses until she came to us!
She can afford to pay the mortgage and bills if he would leave.
Can anyone tell me what her legal options are re the house.?
Thank you
JB x
Answers
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For more on marking an answer as the "Best Answer", please visit our FAQ.You might find this useful, she doesn't need a solicitor but she can is she prefers https:/ /www.ho wellsle gal.co. uk/news /post/A pplying -to-Cou rt-for- an-Orde r-for-S ale#:~: text=To %20appl y%20for %20orde r%20of, for%20a n%20Ord er%20fo r%20Sal e.
Wouldn't know how to offer alternatives as you are in England and Scottish laws are different. Could your daughter buy him out of his share of the house - could she force a sale? Feel she needs sound legal advice and perhaps Citizens' Advice Bureau might be a starting point before seeing a solicitor.
Short term is as I suggested; long term is getting an order for sale. There is the possibility of him "keeping his investment", and she be able to live in the property until the little one is 18 and then it is sold. But personally, I would consider selling it, divvying up the proceeds and then she buys herself somewhere else - as a joint owner she can force sale. She just needs proper legal advice.
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