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TRUEBRIT | Does my son have to leave? |
My son started buying his flat with his girlfriend a year ago at the time he had a job , he lost it through forgetfulness (caused through a car accident he badly damaged his brain) he got another job 2 months later and lost that one too , he is on jobseekers allowance now which is only £59 pw , so he cannot pay towards the bills as much as he would like , his girlfriend wants him to move out back to my place , I think he should stay until the place is sold , as his name is on the mortgage and all other bills , I will let him back here , but not until the flat is sold , does anybody know what the rules are for this dilema , please only genuine answers ,as this is very serious.
Additional Details
I thank you all for your help so far, I knew I was right in making him stay ,like some of you I think she wants to move someone else in , then all the bills that they run up are 1/2 his(my son's) , she told me on the phone as she won't face me , that I won't let him move back as I don't love him , Its because I love him I wish him to stay until its sold !! |
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pettipastnt
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No,Your son has as much right to that place as the girlfriend,as his name is on everything also.Tell her to take a hike and you or your lawyer will contact her when everyting is sold and split.She probably wouldn't go for that,but whose to say she doesn't just want him out and intends to stay there after he leaves.Go with your gut feeling and stay sticking by your son..GOOD LUCK and YOU GO MOM!!!!!! |
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iusedtolooklikemyavatar
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If he has a medical problem that means he can't hold down a job is possibly entitled to disability living allowance, incapacity benefit if he has paid stamp in the past.
These benefits stack up to more than just JSA.
Worth a try!
Edit - and he can claim them even though he has a working partner, the DLA is payable even if he works. |
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JEFF K
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I don't think much of his girlfrend
However she can't force hm out as he is on the mortgage
When my ex and i seperated 2 years ago we both caried on living in the same house and our solicitors both said we had equal rights to be there. it was uncomfitable but it worked until she movd out and I paid her for her half.
So tell your son not to worry there is no way she can force him out. Good Luck to him
Jeff |
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tracyannwaldock
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Hi, Firstly your son should definately stay in the flat until it is sold or his name is removed from both the mortgage and the deeds. If he moves out and his partner does not pay the bills he is liable for 50% of all debts associated to the property. Secondly, I would ask him to see his GP about incapacity benefit which will be more money than job seekers allowance and is not associated to his partners earnings.
Under no circumstances should he move out until the flat is sold or signed over to his girlfriend as told to me by a divorce solicitor. |
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hot_angel_missy
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Your son has every right to be in that flat until it is sold His name is on all the legal Documents,
Seek a solicitor's advice. |
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dsnapps@sbcglobal.net
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first off you are right in making him stay if your son and girlfriend bought the place together. if his name is the only one on the mortgage then she needs to go and him disconnect the utilities.
if she really cares she would understand and make other arrangements herself. |
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crispycrump
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Depends if they actually completed the transaction of the sale. There is something fishy going on here and your son is obviously claiming JSA as a single person and not declaring he has a partner in work, who he is living with - as if he did, he would not be entitled to any benefits at all. His girlfriend is probably financially better off without him, as on £59 per week I cannot see him making any significant contribution to paying the bills. If he has brain damage as bad as you say, it sounds like he may not be fit to work anyway, in which case they are never going to sort out their financial situation to a point where they can get a mortgage together. |
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IC
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Ask his girlfriend if she's willing to pay rent for his half if she so desperately wants him out of their flat before it's sold. |
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m_harvery
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since his name is on the mortgage and other bills he shouldn't have to leave.
he needs to get a lawyer to protect himself and assets |
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paulrb8
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seek advice from citizens advice.... wondered why his girlfriend wants him out? she's got another fella waiting to come in,,,, |
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q6656303
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you are doing the right thing financially & tactically
but the wrong thing for your sons best needs |
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Rajesh Kochhar
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You need legal help. Common sense tells me that he should stay put till things are sorted out. |
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Groo
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speak to citizens advice or a solicitor |
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McGoo
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I would think that he should STAY as maybe if he leaves his girlfriend would have a stronger case when any financial settlements arise, for example if the house is sold at a profit, would it be shared equally or would one or the other partners have a lager slice, having said that it would be very advisable to see a lawyer it is the only way you will be sure. |
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artleyb
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It's a legal question and needs a legal answer. Don't accept any amateur advice - get a lawyer! |
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dlpmikki
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He should certainly go to the Citizens Advice Bureau - they can help advise him on his rights and responsibilities. He may be eligible for other benefits given his brain damage. Did he take out mortgage protection - if so he should be claiming on that. |
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