[Solved] Can she do it?

The question I'd ask is why you are paying half of the mortgage - was this part of a divorce settlement? If not, then you should be paying maintenance based on the CSA formula (20% of salary for two children if your oldest has left full time education, less any allowable deductions).

Otherwise, I would say that, unfortunately, (though I may be wrong, hopefully the CLC will clarify), she can kick him out of the house once he reaches 18 as he's no longer a minor, and there's not much anyone can do.

Do you have the option of taking him in? This would seem to me to be the best course of action. Alternatively, until he's 18, he could declare himself homeless and get help from the council, but that's only short term - the sad fact is that when he is 18, he is probably going to need somewhere to live - other than his mother's house. It's best exploring options as soon as possible rather than wait until it actually happens.

Thanks for the reply actd,

I pay half the mortgage and dont pay maintenance. This was agreed with the ex and the divorce went through. I would be paying the same amount if I was making maintenance payments. Having said that, I do buy the kids the treats and clothes, so I guess I am paying maintenance indirectly.

I only found out about this situation last night but apparently it has been going on for a while.

I am getting remarried and moving out of the area so the option of my eldest living with me is not good as he is in college and the travel would be almost impossible.

One thing I was thinking was to pay a third less to her for the mortgage and use the money to pay for his rent. I am probably putting myself in an awkward situation legally if I do that.

I have tried to see the local CAB today but they are not able to see me until next week as the are only open two mornings per week.

Dear Stu66,

From a legal point of view, a parent does not have an obligation to accommodate their child, and can ask them to leave the family home at any age, unless that child is named on the deeds to the home, as he will have no legal right to reside in the home.

If the child is below 18 years old when a parent evicts them from the home then the Local Authority will generally have a duty to accommodate the child if they have no where to go and are living on the streets.

A parent can arrange for a child to live elsewhere, however from the age of 16 years old a child can legally live where they please and the parent can not enforce that the child remains in the arranged place.

A child below 18 years old may have difficulty in securing their own accommodation as there would be issues regarding the validity of any contracts signed and other such considerations.

Although you are paying towards the home, the mother can not be forced to have your son living with her.

It is for you and your son to decide whether it would be appropriate for him to live with you and transfer his college education to the area you live in, or to remain in the area where your son currently lives, or for him to go elsewhere. Your son will be able to make the final decision on this matter.

With regards to paying less on the mortgage, it would depend on how this was decided and the circumstances; it is a possibility that the mother may be able to have these payments enforced by the court, even if your son is not living there. It is not advisable to take such action without speaking with a solicitor and being made aware of the possible consequences.

We hope this clarifies the position somewhat and wish you luck with the situation.

Kind Regards
Children’s Legal Centre