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Cafcass officer request

  • jean3471
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26 May 12 #333040 by jean3471
Topic started by jean3471
My ex-partner and I still live in the same house with our 12 son, my ex-partner has gone to court and has asked for parenteral responsibility and shared residential order and informed the court that when we finally split we would be living in separate houses.
We both refuse to leave the family home.
My ex-partner own the house but refuses to pay me the large sum of money I have spent refurbishing the house over the last 14 years
The CAFCASS officer has rang us both and have given us both the weekend to decide which one of us with move out, as a shared residential order can only be made if you are both living in separate houses . She also said that as it was my partner house if he paid me for the work which I have would I be prepared to leave.
if we can not come to an agreement during our first direction meeting she would have to inform the judge that our son is living in an unstable environment.

She hasn''t even spoken to our son.

My question is can she do this?

  • hadenoughnow
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26 May 12 #333069 by hadenoughnow
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Can we just clarify? You refer to your ex partner but were you married? If you were not then the house is owned as stated on the deeds. If you are not on the deeds but have contributed, you would need to make a claim under property law for beneficial interest if ge will not agree to refund you.If you search for this using the search bar, you can find out more.
Bear in mind that legal costs can be high. In a property law case you can also ending up paying the other side''s costs if you lose.
Afaik if you are not on the deeds you have no right to stay in the house and could be evicted.

In my view you should both be doing whatever is necessary to ensure stability for your child. He Is caught in the middle which cannot be a nice place to be.

Hadenoughnow

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