my partner and i have split up. the house is in his name and he is insisting that i go taking 3 kids with me?

Question

i have no income and no where to go. any ideas on how i should go about this? by the way, we only moved to our new house 2 weeks ago and the thought of uprouting my kids again is killing me. i also have 3 pets to think of too. some of you may think this is trivial to worry about animals, but they are part of my family too. please write helpful answers only. i've sworn about him enough tonight! just need to know if anyone out there has any thoughts on what i can do. thanx

yes i am female. yes they are his kids. we have been together on and off for 8 years. we were married, then divorced. he remarried. got back together and engaged. the move was intentional as old house needed back by landlord.

Answer 1

Tricky. See a solicitor very soon. Tomorrow in fact. It won't cost you anything to see one for half an hour.

Who's are the kids by the way - his or yours? I'm just a bit confused as you appear(by your avatar) to be male and I couldn't honestly tell you where you stand legally.

Added:

Now I understand your situation more clearly. As some of the other people have said here, don't leave. Please do see a solicitor tomorrow. It is free for the first half hour (probably totally free for you as you will more than likely qualify for legal aid) and you really need to get proper legal advice here.

As far as I am aware he does not have the right to make his children homeless, but again - go to see a solicitor.

Answer 2

Since he is your partner and you are not married, you don't have any rights to that house. You will need to figure this out. Probably the best thing to do with 3 kids is to call Social Services and ask for their help and assistance. Maybe they can get you moved into an apartment and get help with babysitting while you go to work. As for the pets, I don't know any landlord or relative that is going to let you bring in 3 kids and 3 pets. You need to consider finding other homes for those pets. If you have parents or another relative in the same city, maybe they can be of help. You need to get this straightened out before school starts so the kids are secure in another environment. Make sure you don't upset the kids any more than they already are. Do you get any child support? If not, try to get it. The kids deserve a better life. Keep your head up and start planning your future. Now is not the time to fall apart. Fall apart after you have found someplace to live and get the kids settled. Good luck.

Answer 3

First of all, you have no ownership interest in the home. You are not married and your name appears on no deed by your own post.

Therefore, yes, he has the right to tell you to vacate, children or not. If you do not he can have you forceably removed.

HOWEVER, because you were there for two weeks, you will most likely be considered a tenant and he will have to formally evict you, which requires written notice and a two to three month process.

In the meantime, you have a chance to file for child support which you should do tomorrow.

In fact, I would suggest you tell him you will leave if he gives you $5,000 with which to establish yourself in a new home and give you time to locate a job.

If he refuses, tell him the expense of evicting you will be the same and it will give you time to file for RETROACTIVE child support (which means he will begin with arrears for the last two to three years) AND continuing support.

If he gives you the money, leave, find a place to live and file for support anyway. Once the retroactive support (if allowed in your state) is awarded, it becomes a judgement with which you can obtain a lien against the home so that he can't sell without paying you first.

See how lawyers get a bad rap????

Answer 4

The answer depends upon a number of things. How long you've been together etc etc. Do not move out until you've got legal advice as just because the house is in your partner's name that may well be meaningless. There are plenty of solicitors who offer a free half hour consultation. Write out a detailed history of your situation then go in with the specific questions. This will give you the answers you seek.

Answer 5

This is what is wrong with 'partner' and 'roommate' lovers not marrying. NO offense intended, the reason I say this is because you have no legal recourse because there is no legal contract between the two of you. Hey, I have 3 dogs, I know what you mean, plus the kids. Contact Dept of Health and Human Resourses immediately, they will get you housing, and food stamps, but, do not move, he can't throw you out without an eviction notice!!! And don't tell him that either. But, get away from this person, he is mean and very bad for your children. Unfortunately, you may have to give up your animals.

Answer 6

Unfortunately, if the house is in his name, and you aren't married, you have no rights to the house, kids or not. IF they are his kids, go to the social services dept. and file for child support for them and temporary housing. The pets may need to go to a shelter. You can explain the situation to them, and they may house them for you or maybe your soon to be ex will let them stay until you can get yourself settled.
You could make him have you legally evicted, that would give you some time, but could you live there with him under those circumstances? It definitely wouldn't be a good situation for the kids either, but it would give you a little more time to figure out your options.
Good Luck to you.

Answer 7

Well you cant have the house,but you can screw him badly for the maintenance,at least £700 a month.
Well i say cant have the house you couldn't years ago but i don't know if the law has changed since 90,i think it has ,but not sure a family law solicitor will tell you straight away.
Good luck and don't forget the CSA.
Its a lot of working out but the reward is good.

Answer 8

i had same situation few years ago first of all stay put if you leave the home then you are giving up you rights go to see a solicitor straight away even have your post delivered to a friends house so he can not see what has been disgust the solicitor will tell you that for the welfare of the children it is in there interest that they are kept in there home you will be OK if you get the right advise i ended p will my house and kids and we all where a lot happier so good luck

Answer 9

As long as your partner let you move into the house with him then he would need to have you evicted. At least in the state of Va. I lived with my ex for about 8 years, whenever we got in an argument he would tell me to pack up and leave. I did eventually but not when he said I made sure I had a place to go, then me and my 2 friends pack up everything of mine and left one night while he was at work.

Answer 10

Get a sharp attorney first of all. You and the kids will get the house and his only contact with it will be keeping up the payments and taxes unless he wants to find out if Bubba is circumcised or not. You should also get child support for each child and alimony. Get a sharp lawyer; one that perhaps looks like a great white shark.