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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33958
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My fiancee owns a house with her ex partner (they were not

Resolved Question:

My fiancee owns a house with her ex partner (they were not married). They split up in 2006 and he moved out. They have 3 kids and he tried to force house sale. She won her case in the childrens court and stayed in the house and has looked after them since. Her youngest is now 18 (at college living at home) and now her ex has instructed a solicitor to go after his share of the value in the house (less mortgage) by demanding the house be put on the market. She does not have funds to buy him out. He is going after 50%.
My question is are there any precidents/ considerations that she can take into account to reduce his demand for half the share.
He has his name on the mortgage which has not allowed her to change/ improve it - he has been obstructive and not communicated since the court case. He left her with 20k mortage arrears, has not contributed to mortgage, has not contributed to upkeep of property - which has now appreciated in value.
Can she construct something to argue her case to him to reduce his entitlement, and protect her position should he press to go to court to force the issue (which is a possibility). She does not want to disrupt her sons a levels nor pay him what she thinks he does not deserve. But are their legal arguments to support her case. What is the best way to go about this? Thanks John
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you
The only argument that she has is one that allows her to delay the sale until their youngest has finished his A levels
I am sorry but apart from that there is no argument that will reduce his entitlement.
HAD there not been the earlier proceedings there would have been more lea way - as it is there is not.
However if you wish to explore every possible option base don a full assessment of all the detailed facts of the case then she should consider instructing a Public Access Barrister who can look at the paperwork from the hearing to give an opinions
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33958
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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