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We separated a year ago, I left the house and we still co-own the house. I have a declaration of trust which gives us equal shares in the property, My ex insists that she has right of occupancy under the children's act until the children reach the age of majority. However we have a joint responsibility order so have equal responsibility for the children (although they are with me for average 3 days per week). There is a sizeable difference in the borrowing potential of my ex and me. We were in court yesterday for directions and the judge said that the chances are she would get occupancy for the next 15 years, moreover I would have to pay both sides costs.
My question is how joint responsibility interacts with occupancy? What is it in the law that gives her the right to claim occupancy with the children when she could afford to buy another house. Why do her rights outweigh mine?
It may be worth having a word with the Citizens Advice Bureau - it's not something the Childrens Legal Centre would advise on.
Hi there 🙂
Some solicitors offer a free half an hour consultation, it might be a good idea to take advantage of that and get some legally based advice.
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