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Losing home adapted to my daughter's needs

eleyeley Member Posts: 4 Listener
I have a 22 year old quadriplegic cerebral palsy daughter and I’m going through a separation possibly losing our home which has been adapted to my daughters needs.
my ex partner wants to
take me to court to sort out funds as we can’t agree my obvious concerns are not being able to afford another suitable property.
Ive had advice but it seems to be a property matter but it’s so much more, our daughter should surly come first or have rights.

Please help any advise gratefully excepted.



Replies

  • pollyanna1052pollyanna1052 Member Posts: 1,998 Disability Gamechanger
    OH what a worry for you. And your ex is not being very caring if you and your daughter lose your suitable home....maybe not for me to say that...sorry.
    But this is definitely very serious and if it were me, I would ring social services to seek their advice. Best wishes xx
  • eleyeley Member Posts: 4 Listener
    Thank you it is a big worry I’m hoping someone out there has been through this and come out the other side. X
  • Adrian_ScopeAdrian_Scope Administrator Posts: 7,401 Scope community team
    Hello @eley
    I'm sorry no one has been able to offer any advice or share their experience of this. It sounds like a really difficult situation. Does your ex own the home? 
    Senior Community Partner
    Scope
  • eleyeley Member Posts: 4 Listener
    we jointly own the property but were never married.
  • chiariedschiarieds Community champion Posts: 2,957 Disability Gamechanger
    Hi @eley - Do you have legal advice from a solicitor specialising in Family Law, which 'may' be the best sort?
    I don't know what is appropriate for you, but in a divorce you each have to complete a Financial disclosure stating your income, savings, state benefits, & any health conditions that should be taken into consideration, etc.
    I would very much doubt you ex would take you to court; this can cost thousands of pounds.
    The following link I hope may be helpful, which mentions that 'one parent may be able to make a claim against the other for the right to remain in the family home,' in the section 'Prioritising the needs of your children.' See: https://www.moneyadviceservice.org.uk/en/articles/dividing-the-family-home-and-mortgage-during-separation
    I appreciate that the above links may not be specific to you, which is why I would urge legal advice if you can.




  • chiariedschiarieds Community champion Posts: 2,957 Disability Gamechanger
    Sorry, should also mention just from my own experience where I live, I found you can get a free half hours legal advice. I received an hours free advice. However, these solicitor's did not specialise in Family Law I later found, & some of the advice I received was incorrect.
    I later contacted solicitors specialising in Family Law, & got the first hour at a 'discounted price' of £150 + VAT.
    Perhaps you may find an appropriate local solicitor that may help you & give some initial free advice.
  • eleyeley Member Posts: 4 Listener
    Thank you, I have got a solicitor on my case the problem I’m finding is because we were not married even though we were together 23 years I don’t have the rights as a married couple and even though my daughter who is 22 has quadriplegic cerebral palsy this could all come down to a property issue!
    i have now had papers from court from my ex which means our fate will be in the hands of a judge , I truly hope my daughters needs will come into this and it’s not just a property issue.
    Thank you for your advice it is very much appreciated. 
  • Chloe_ScopeChloe_Scope Administrator Posts: 9,477 Scope community team
    Hi @eley, I really hope things work out for you and your daughter! Please do let us know how you get on.
    Community Partner
    Scope
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