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?



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.

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    Ellis Hass Limited

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  • 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                                     









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    OTS Solicitors

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