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Advice Needed
#1
Hi 

I'm new to this so I really don't know anything. However what I do know it is no longer safe for me to remain in my house with my wife and daughter.

We both own a house and a flat in joint names. What I need to know is this. 

Can I move into the flat without my wife permission whilst she remains in the house?

My wife has said that she is going to relocate to Wolverhampton which is 155 mile away form where we currently live. Can she do this and take our 13 year old daughter with her?

We are both primary carers. Any advice greatfully recieved.

Thanks

David
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#2
You need a Prohibited Steps Order on a C100 to stop them moving, and you can get your own flat if you wish, nothing to stop you and you dont need her permission.
The opinions here are not that of Separated Dads, but merely a loving father who has been through the process and has come out the other side.
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#3
(02-12-2017, 10:33 AM)invisibleintellectual Wrote: You need a Prohibited Steps Order on a C100 to stop them moving, and you can get your own flat if you wish, nothing to stop you and you dont need her permission.

This is corrrect.

You need to also evidance that fact that a shared care arrangment exists, and that this move will make it not workable.

This then means that she will have to show good reason why to change the child arrangements, as well as show why its better for the child to be relocated to the extent that contact will be limited.

As the child is 13 in this case, their "wishes and desires" might come into it.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#4
Thanks Chaps very helpful
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#5
Hi David,

May I ask - what makes you think it is no longer safe for you to remain in the house?
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#6
Do I legally have to pay half the mortgage if I leave?

(02-12-2017, 11:44 AM)complexkane Wrote: Hi David,

May I ask - what makes you think it is no longer safe for you to remain in the house?

Sorry did not see this, basically we had a disagreement and she told me that I should hit her, she said this over 7 times, I said i don't want to hit you and she said yes you do. Basically she was trying to provoke an angry reaction.


She then turned round as she had her mobile phone in her hand and said she has the police on redial. 

I do want to be put in a situation where I am accuse of anything or have someone lie on me so it safe for me to leave.
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#7
(02-12-2017, 12:22 PM)uczmdsk Wrote: Do I legally have to pay half the mortgage if I leave?

A mortgage is a commercial contract between a lender and whoever is on the agreement, and your relationship states has no bearing on this, unless a Court Order exists.

If there is any shortfall, the lender can come after either or both of you for the whole amount, its not even a 50/50 situation.

Should you be paying towards the mortgage for a house you do not live in, but your child does, then you might be able to get a reduction of child support.
This would depend on what the law says you need to live off, what the mortgage payment is, and how much CMS say you should be paying.

As Child Support is payable to the Resident Parent, in event of any shortfall, that amount when considering the share of the house, is deemed to of been paid by her.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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