partner refuses to leave home?

[tigerthecat]

Does anyone have any experience of partner refusing to leave family home. The relationship is over and both names are on the deeds. There is a child aged 5 who will stay with the mother.

[Peter Pedant]

erm I think you both need advice

clearly the partner is refusing to leave as he says half of it is his.

you both need advice and dont spend too much on it ! forgods sake, your money should go to the kids and not the lawyers

[Carakeel]

Go to your local Citizens Advice Bureau (CAB). They will be able to give you advice free of charge. The mother and child will most likely be given the right to stay in the house, at least until the child is 16, while the father will probably be asked by the courts to leave the premises. A lot depends on the individual circumstances, why there is this breakup of the relationship etc. But either way, the courts usually decide ' in the interest of the child'. The child will be their main concern and should be yours too. Whatever you do, please remember that your child has no fault in this situation and so you need to keep calm and try to sort things in an amicable way with your partner. This can be a terribly traumatic situation for such a young child. Best of luck.

[themas]

Agree with previous posts, but the legal position is that he is a joint owner and, as such, he has just as much right to live in the property as she does. He can only be prevented from doing so by a Court order (assuming he will not agree voluntarily).