I have been cohabiting with my partner for nearly 20 years and we have two children. He pays for very little and I basically support him.

17th May 2019

I own the house and pay all bills apart from phone broadband and mobiles. I want to know my rights as he Is mentally intimidating me and bringing my children into arguments. Is there someone I can talk to to see where I stand?

CATEGORY: Family

LOCATION: WEST SUSSEX

2 answers
  • Ellis Hass Limited

    Hello and thank you for your question.

    We can definitely assist with your matter but to be able to advise you fully we would need detailed information about his behaviour and yours and his financial position e.g. the respective contributions you have each made to the house.

    You may be able to apply for a non-molestation/occupation order under the Family Law Act 1996 (commonly called a restraining order) but we would need further information about the intimidation your partner is exhibiting towards you and the children.

    The division of any property for formerly cohabiting couples would usually be governed by an act called the Trust of Land and Appointment of Trustees Act 1996, however you may also be able to consider assistance through Schedule 1 of the Children Act 1989 which ensures financial support is provided for the children when unmarried couples separate.

    If you would like to contact me on 0121 746 3002 or by email to greg@ehsolicitors.co.uk I would be happy to arrange an advice appointment where we could obtain further details from you and offer further advice more catered to your personal circumstances.

    Did you find this answer helpful?

    Ellis Hass Limited

    Did you find this answer helpful?
  • OTS Solicitors

     

     

    Thank you for your enquiry.

     

    It is very important for us to know detailed information about your situation in order to advise you accordingly. However, we can provide general advice based solely on the information provided in your question.

     

    In respect of your partner’s behaviour, it may be possible for you to apply for a non-molestation order. This is covered in part 4 of the Family Law Act 1996.The court can grant an order prohibiting your partner from molesting you or the children. The word ‘molestation’ covers not only violence and threats of violence, but also pestering. In deciding whether to grant the non-molestation order the court will have regard to all circumstances of your case, including the need to secure the health, safety and well-being of yourself and the children. In respect of the property, you may be entitled to apply for an occupation order provided that certain conditions are satisfied. The occupation order can regulate the occupation of the home by your partner.  

    Cohabiting couples do not possess the same legal rights and obligations as married couples or civil partnerships. Any financial contributions you have made towards the property will be taken into account i.e. if you made a direct contribution to the purchase price. The court will consider all the relevant circumstances when deciding what shares the property should be owned in.

    It may be prudent to get legal advice about making a will as it is essential to ensure that your estate passes along with your wishes on your death.

    Should you wish to discuss this further please do not hesitate to contact us on 02039599123 or via our website : OTSsolicitors.co.uk                                     

     

     

     

     

     

     

     

     

    Did you find this answer helpful?

    OTS Solicitors

    Did you find this answer helpful?

Can you help with this question? Provide an answer and receive contribution points to help promote your firm.

CANCEL Please ensure your response adheres to our community guidelines before posting.

You might be interested in these questions

HAVE A LEGAL QUESTION?

Posting a question is completely free and we have qualified solicitors ready to help you. To get started simply click the link below.

ASK A QUESTION
Find a solicitor

Find a solicitor

Use our find a solicitor service to find and compare the best Family solicitors from around the UK. Narrow your search down to a particular town or county to find local solicitors that practice Family law.

View Solicitors
The ultimate guide to hiring a solicitor

The ultimate guide to hiring a solicitor

Hiring a solicitor for any legal issue can feel quite daunting. It is important that you make a good decision, but you may not know what to look for and how to chose a solicitor that is right for you. To help make the process easier, we have created the ultimate guide to hiring a solicitor. We have highlighted some of the key considerations you should take into account, as well as some handy tips to help make finding and choosing a solicitor both stress and hassle free.

Read More
  • This month
  • All time
  • OTS Solicitors

    OTS Solicitors

    0203 959 9123

    5 Answers

    PROFILE
  • Curzon Green Solicitors

    Curzon Green Solicitors

    01494 451355

    5 Answers

    PROFILE
  • Ellis Hass Limited

    Ellis Hass Limited

    0121 746 3002

    2 Answers

    PROFILE
  • Nicholls Law

    Nicholls Law

    01702 804 130

    1 Answer

    PROFILE
  • QualitySolicitors Chapman & Chubb

    QualitySolicitors Chapman & Chubb

    01773 540480

    1 Answer

    PROFILE
Loading...