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Advice on a complicated situation...

  • angelbright
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07 Dec 11 #301021 by angelbright
Topic started by angelbright
Hi, im new to this forum so forgive me if i ask silly questions that may have already been answered...my situation is that i have been cohabiting with my partner for 4 years. My 2 daughters from a previous relationship live with us and our 9 month old son.
I have been through a year of emotional and verbal abuse to which i have been to womens aid and other help groups and places. The situation now is that he has moved his online friend he met on the ps3(male) into our house and has announced that in a few weeks they are moving in together. They have paid deposit on a flat and the date is set for the 16th. HOwever he still wants to be in a relationship with me and be able to have access at all times to my house.
My house is rented and the tenancy is in my name only. The only thing we own of value is a car which his parents bought us as a present, howver i have a drivig licence, he doesnt...i am also the person on the log book and the insurance. His parents are aware of what he is like, and when they handed me the keys they said the car was for the kids benefit and to make sure they could get around safely and reliably.
I am very scared of him and i am well aware that he is fully prepared to try and take evrything from me, including our son, if we split up. He has threatened this before. Can he do this? He is the type of person who will shout out a load of bullying demands and expect me to agree to them.
I just wanted to know legally how does the ownershiop stand on the car, also has he any rights over my house and especially if he has moved out, surely that means that we each have our own dwellings so neither of us can have any claim over each others belongings.
As we are not married I understand ther are different rules to seperation so im a bit confused.

  • .Charles
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07 Dec 11 #301074 by .Charles
Reply from .Charles
There are issues over the children but the property issues that you have are fairly simple. The property that you live in is rented so there is no claim there.

The items within the property were probably purchased by you or him or both of you together. You will have to reach an agreement on those items but currently essential items should remain with you such as washing machine, most of the crockery, cutlery, bedding etc. It would put you to considerable inconvenience if your ex tried to take these items. However, their is no law that you can use as a quick fix to resolve the position particularly if he purchased the items to which he lays claim.

The car belongs to the parents of your ex. Unless they wish to relinquish the title of the vehicle you will have to reach an agreement with them to continue with its use. This is nothing to do with your ex although he may put pressure on his parents to make life difficult for you.

The children should remain with you. Your ex would be hard pushed to obtain a residence order for all of the children and would have difficulties obtaining a residence order for your joint child due to the current residence situation with the half-siblings. He would have to demonstrate that he could provide accommodation and stability which is better than that which the children already have. This seems unlikely due to the new relationship which appears to have come into existence after 5 minutes or so. The new partner would also have to be considered in case he is a 'risky' adult which could mean anything from a drug-user, a common ciminal or something more serious. The point I make is that removing a 9 month old child from his usual home into a new property and relationship is not the work of a moment. It may be that the new partner has no interest in children which would make this a non-issue. The burden of proof would be on your ex to make his case.

Once your ex leaves the property, you simply withdraw your permission for him to enter the property. The tenancy is in your name, he has no claim upon the property and will be trespassing if he enters the property. I suggest you do not put it to him like this. Try with the "can you let me know when you intend to come around so that I can be there?" before you go in a little heavier with "it is appropriate to allow me to use my property in peace as you do yours". You will have to play this by ear before calling out the rozzers with the CS gas and night sticks.

You are not married but your ex has a responsibility yo his child which would include child maintenance. There are also other options to obtain lump sum payments for specific purposes but these types of order are rare particularly given the age of your son.

Charles

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