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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1096
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I have 2 children and joint mortgage of which I am paying can

Resolved Question:

I have 2 children and joint mortgage of which I am paying can my ex partner force me to sell property that I reside in. He has a joint mortgaged property with his new lady friend. He has regular access to is child and this is not an issue
Submitted: 2 years ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Welcome to Just Answer
Thank you for your question.
I am a Solicitor and will assist you.
Please can I ask:
- were you and your ex married?
- do you hold the property as joint tenants or tenants in common?
- how old are your children?
Kind Regards
Caroline
Expert:  ukfamilysolicitor replied 2 years ago.
PS how much equity is in the home?
Customer: replied 2 years ago.

no never married together for 8 years with joint mortgage. He also ran a debt up of 17000 on an account which runs alongside mortgage of which I have to pay. I knew about the account but never knew he had used funds. I believe that there is about 70000 equity. child that we have together is almost 6 and we agreed on shared access of which I have no quarrel

Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Thank you for confirming that.
Do you know if you are joint tenants or tenants in common on your deeds?
Kind Regards
Caroline
Customer: replied 2 years ago.

not sure what you mean my name is ***** ***** deeds so I would say joint tennants

Expert:  ukfamilysolicitor replied 2 years ago.
my apologies for my delay in responding to you - travelling but back at home now - thank you for your patience
joint tenants - is when you own the property jointly (presumed 50/50)
tenants in common - is where you own the property in separate shares
can you recall when you bought the house which one of the above it might be? by deeds - I mean your land registry documents - if you have these then is should stipulate how the property is held
I note that you also say that the relationship is 'acrimonious' - would you say that your ex has been in the last 2 years / or is still being - physically / financially or emotionally abusive towards you. please do explain.
Kind Regards
Caroline
Customer: replied 2 years ago.

where is my response please

Expert:  ukfamilysolicitor replied 2 years ago.
posted at same time - please see above
Kind regards
caroline
Customer: replied 2 years ago.

property is owned jointly. As previously advised he is saying he can force me to sell house. This is something he repeats on a regular basis and advised that he has a solicitor. Can he force me to sell. I know he is entitled to half but I cannot buy him out at this stage.

Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Thank you for confirming those things for me.
If the property is owned jointly then the presumption is 50/50.
If you ex sought to realise his share in the property then he would have to issue a trust of land act claim for an order for sale. The court in this type of application would consider the housing needs for your child and therefore he is not guaranteed to receive such an order.
I think you should also consider making a Schedule 1 Children Act claim against your ex partner. This is a claim for provision of property for your daughter.
In relation to Child Maintenance if your ex wont pay then make a claim to the child maintenance service. If your ex doesn't comply with the child maintenance service then they have serious enforcement abilities including taking someones driving licence from them.
If your ex's behaviour is making you feel stressed - then you might be able to get legal aid and a solicitor to help you. Legal aid is now only available when there has been domestic violence however this can be physical, emotional or financial. Please check out the link below and in particular the GP letter - if your GP is satisfied that you are suffering from a condition such as stress as a result of your ex's behaviour and they complete the template letter - then you should take this to a legal aid solicitor so that they can complete a legal help assessment with you. If you qualify a solicitor will be able to help with both a trust of land act claim and a Schedule 1 children act claim.
https://www.gov.uk/legal-aid/domestic-abuse-or-violence
Kind Regards
Caroline
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Customer: replied 2 years ago.

hi he does not have to pay child maintenance as he has shared access 50/50 this has already been dealt with does this alter any of your response

Expert:  ukfamilysolicitor replied 2 years ago.
Hello
It is is genuine shared care - ie not shared nights but also day to day care then Child Maintenance does not apply - if is isn't genuinely shared care including day to day then you can apply to child maintenance - maintenance will be payable as per his income but he will get a reduction for the nights he cares
Trust of Land Act position and schedule 1 children act position remains as as above.
Kind Regards
Caroline
Please remember to rate positively - thank you
Expert:  ukfamilysolicitor replied 2 years ago.
Apologies all fingers and thumbs today
First line should read actually shared day to day care and not just nights
Kind Regards
Caroline