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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33544
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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Hi, My ex and I separated 3 1/2 years ago due to her admitted

Resolved Question:

Hi, My ex and I separated 3 1/2 years ago due to her admitted 3 affairs. We never married but lived together for almost 18 years. We have 5 kids under 18 and I pay mtce through CSA. We own a house 50/50 as tenants in common, with an interest only joint mtge. My ex is on benefits and claims housing benefit for the maximum payable towards the monthly interest. I pay the balance monthly direct to the Building society. I was advised that I could not sell the house until the youngest child will be 18 as my ex can claim under the Children Act as a home for the kids. My ex's boyfriend has moved into the house, although I do not know if he contributes towards it.
Can I now enforce a sale of the house so that I can use my half of the equity to get somewhere to lie and see the kids?
Can I get the Ex's boyfriend out of the house? If not can I charge him rent?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
Does her new partner work?
Clare
Customer: replied 2 years ago.
House is worth about £400,000 mtge of £290000.
Yes he is self employed with his own fish bait online business.
Expert:  Clare replied 2 years ago.
Hi
How old are the children - and how much would a cheaper but large enough alternative property cost to buy?
Clare
Customer: replied 2 years ago.
6,8,11,14,17.
We have a 5 bed detached house. Not sure of values but a smaller one may well cost 300000
Expert:  Clare replied 2 years ago.
Hi
How much would a four bedroom cost?
Clare
Customer: replied 2 years ago.
Not sure.
Expert:  Clare replied 2 years ago.
Hi
Rightmove or Zoopla should give you a guide - this is important in assessing your chances of forcing a sale
Clare
Customer: replied 2 years ago.
275000
Expert:  Clare replied 2 years ago.
Hi
What evidence do you have that her partner lives there?
Clare
Customer: replied 2 years ago.
Dates and the kids tell me he has lots of clothes there. She does his washing there. He leaves for work from there.
Expert:  Clare replied 2 years ago.
Hi
Does he own another property?
Clare
Customer: replied 2 years ago.
Yes. The kids tell me he is selling it.
Expert:  Clare replied 2 years ago.
Hi Nigel
You cannot make her new partner leave the property nor charge him rent I am afraid
However if they are cohabiting then you have an excellent chance of being able to force a sale of the property.
The starting point should be to write and ask her for her proposals for a sale now that her partner has moved in.
If there is no positive response then you should write again and say that you intend to apply to the court using TOLATA for an order for sale - but do offer to attend family mediation before that to try and keep the costs down
Details of TOLATA claims here
http://www.familylawweek.co.uk/site.aspx?i=ed1008
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Thanks for that, but surely she will apply under the Children Act to stay in the house with the kids until the youngest is18?

Expert:  Clare replied 2 years ago.
Hi
You are not expected to also house her partner.
The Children Act application only works if there is no other way of securely housing the children - and in this case your ex has a partner who is also expected to help with her housing needs if they are cohabiting
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33544
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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