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3 minutes reading time (533 words)

How do I separate from my husband?

MY husband and I are not getting on well, and I am wondering about separation. He has to take medication to stay well, and I am worried about the welfare of my children. I work and do most of the child rearing, but I fear my husband might contest custody of the children on the basis he is not working, and would seek maintenance from me.

I DON'T have the space to advise in full, so go and see a family lawyer for all the info you need. But in principle, there is nothing in law to stop you from caring for the children while working, or having the more substantial share of the weekly care. The court wants to know that you are acting in the best interests of the children – that’s the test, not some formula that doesn’t take account of real life.

OUR private landlord has refused to repair a broken window that is letting in cold air, not much fun in this weather. Can we withhold rent to force him to act?

YOUR lease probably says you are not contractually entitled to do so. Thus withholding runs the risk of eviction. If you don’t pay up to three months’ rent, a sheriff will only grant the landlord an eviction order if it is reasonable, so you get a chance to argue to the court that your action has been the right one. This prospect may force the landlord to take the easier option and fix the pane instead of being a pain.

I SOLD my flat more than two and a half years ago. Before the sale went through we were told by the factors that the roof needed repaired. This bill would be shared among the flats. I have £3000 in a shared account and the funds can only be released when both myself and the buyer of my flat agrees. I have tried to contact the person in charge of the supposed repair but I am getting nowhere. The repairs have not been done, and no one seems to be pushing. So much for the repairs being urgent.

THE time bar for contractual obligations is five years max, but if your missives bear a limit of two years, then they may have expired by now, in which case you can uplift the money. Get your lawyer to advise in writing what the legal position is as he/she will have your missives to hand

I LIVE just off a road where each of our houses has a parking bay. They are currently installing parking meters nearby and my worry is that cars will come into our estate and park. The factor erected a sign at the entrance of our estate saying private parking only. What can we do with any illegal parked vehicles who want to avoid the meters?

IT is not a criminal offence to park in a private area, so police won’t be interested. All you can do is put leaflets on windscreens and if it persists, take a note of registration numbers and take civil court action of interdict against drivers who continually intrude. If it is the same vehicles repeatedly you can get a sheriff court interdict and costs against them

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