Relationship Breakdown, What rights do I have to his home?

guccilw | 13:42 Wed 13th Sep 2006 | Law

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I have been with my partner for almost 2 years. We have lived together for just over a year. The house we choose is in his name. He made all mortgage payments and I paid all other bills. We now have a one month old baby and we have decided to go our seperate ways. He has become nasty and abusive and I need him to leave as I have no where else to go at this time and I can't bear to stay here. Also I am on maternity leave from work and am struggling financially. What rights do I have?
Regards

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Bevron

I know in Scotland automatic rights exist under the Matrimonial Homes (Scotland) Act 1981 if your partner is being abusive, but unfortunately only if you are married. However, the act does provide limited protection for cohabitees and you must apply to a court to enforce these. The fact you have a child does help your case. If your partner is violent towards you then an exclusion order may be sought from the court. If not then it will make it more difficult. It depends on what you are meaning by 'abusive'. Not too sure bout England & Wales though-anyone else know?

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