Kent Solicitors

Question:
I have split with my former partner but she refuses to move out of the home we shared. We have been together for 5 years and have a 3 year old child. The house has been fully financed by me, with a mortgage in my sole name with no contribution from my ex-partner.
She contributes a nominal amount towards bills, but I pay all bills. She works full time.
I want her to move out the house and have offered to help her financially to find and furnish a new home for her and my son. I have also offered to pay maintenance but she does not want to accept my offer and wishes to go through the CSA and take the legal route.
Please could you advise on my position with regard to her being forced to move out.

Answer: As the property and mortgage are in your sole name, unless your ex-partner made a substantial financial contribution to the value of the property e.g. by paying for building works or improvements, she will have no entitlement to any share of it.

However, as you have a child together it may be possible for her to secure the use of the home for her and your son. Then when your son completes full time education, the ownership of the home would revert to you. This claim would only succeed in exceptional circumstances. Your only obligation is to support your son financially by paying maintenance to your ex-partner.

Labels: children, family home, separation, shared residence