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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2538
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I own a house with my partner but we have split. We have a

Resolved Question:

I own a house with my partner but we have split. We have a son and I want to move out and sell house but my partner does not want to sell. What can I do??
Submitted: 12 months ago.
Category: Family Law
Expert:  Harris replied 12 months ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Are you in England or Wales?

-Are/were you married?

-Are there any deeds of trust or formal agreements in place?

-How old is your son and what are the proposed arrangements for him?

-What other assets do you both have (joint and sole)?

Customer: replied 12 months ago.
I live in England.
We are not married but have been together for around 14 years and our son is 11.
My son will solely live with me but ever second weekend with his dad.
We jointly own most of the furniture in the house which I am sure will be amicably split.
My main concern was the house and what happens if my ex does not want to sell.
Customer: replied 12 months ago.
No deeds of trust but the house is jointly owned
Expert:  Harris replied 12 months ago.

Thanks for confirming. As you are joint owners, you both need to agree for the property to be sold. However, if no agreement can be reached then either owner can pursue a civil claim to court in order to force a sale of the property and for proceeds to be divided in accordance with how the property is held on title.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

Expert:  Harris replied 11 months ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.

Customer: replied 11 months ago.
Harris, my main concern is that if I choose to leave the family home with my so to rent will I legally still be entiltled to 50% of proceeds when house is eventually sold, even if that is in 2-3years of me not living there??
Thanks Michelle
Expert:  Harris replied 11 months ago.

Given that you are not married, and in the absence of a deed of trust or formal agreement setting out who is entitled to what share of the property, or you demonstrating to him that he is entitled to an increased share of the property, then the proceeds of sale will be divided in accordance with how you both hold the title, even if he were to live there in the next 2-3 years without you.

Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2538
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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