Occupation rent - Please help

My partner was arrested last year and is still under investigaion.

The police removed him from the house and he is not allowed any direct contact with his children due to my domestic abuse claims.

He is now stating because he hasnt lived in the house for over 7 months and i wont pay of one of his loans he will not allow me to sell the house and he is going to claim occapational rent for the past 6 months.

This dosnt make sense to me he isnt allowed to come near our children and they are living in our house with me. I never removed him from the house the police did he can come back at anytime it would just mean i would have to leave and go to the concil for emergency housing under domestic abuse.

Plus he is now controlling me with the house sale if i dont agree with what he wants i cant sell it.

Im guessing its just another of his many controls he tries to have on me he currently has 6 pending charges against him.


Thanks

Newlife!

Hi,

I assume you are [url=Resources/Library/Cohabitation-and-Separation_s33_m1852.html ]not married[/url]. The advice would be different if you were.

Whose name is the property in? It is mortgaged? Who is paying the mortgage?

If it is in joint names is there any kind of Deed of Trust setting out shares and arrangements for selling in case of relationship breakdown?

You mention children. How old are they?

What is your reason for selling?

If you are not in a position to house the children, you could use the Children Act to get the right to stay put at least until the youngest is 18. You both have a responsibility to house the children. I don't think he would get very far with occupation rent..

Is he paying child maintenance?

If you really want to sell and he won't agree, you may need to consider forcing the issue with an application to court. You need to talk to a solicitor.

Hadenoughnow

Hi

Thank you for your response I think the same as you.

Yes it’s in joint names, I’ve lost my job and had breast cancer so I’m just thinking I should sell it.

I also have been told that if our children are going to live with me I should try and get more equity out of the house.

It’s such a looooooong road I’m exhausted.

I do also know about the children act too.

He basically wants to abuse me, have access to our children, he’s trying to put a prohibiting steps order so I can’t move out of London and he’s wants me to rent in London.

Originally we were buying together and when he got arrested I took it off the market and he’s telling the judge I got him arrested out of the blue so I can have the house, in the next breath he wanted to sell it.

Now I want to sell it he wants me to pay half his loan off I’ve ssud no so he is refusing to let me put it back on the market.

He isn’t paying the mortgage at the moment but he is paying csa money which was an ordeal in itself.

I can’t access legal aid and I have no money arghhhh it’s all very frustrating