Hi, thank you for your question. Just a bit more information required to fully assist you:
-Are/were you married to your partner?
-Is the property in joint names, if so is it as joint tenancy or tenants in common (and in what shares?)
Thank you for confirming. As you are not married, the property is in joint names and in the absence of any deeds of trust or formal agreements, you are both entitled to a share of the equity in accordance with how the title is held - so if it is in equal shares then you are each entitled to 50% of the equity. If there is no agreement to sell the property or to buy out the others' share, then you would need to proceed to court using form N1 and a £355 court fee to your local family court.
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As the non-resident parent, your legal obligation would be in relation to child maintenance to the resident parent until the children reach 20 years old so long as they remain in A-levels or equivalent. Once they finish A-levels or equivalent, your legal liability ends. However, if the children go to university and cannot financially support themselves, they have a right to apply to court for maintenance for this.
Thank you, ***** ***** offer further information but this website does not assist with the selling process of a property. What information do you require?
As your name is ***** ***** title you have a legal interest in the property which will include a right to occupy the property. Your legal interest and share in the property is in accordance with how the title is held, so if it is joint tenants, it will be equal shares. This can only be altered if an application is pursued where she can demonstrate that there is agreement or intention that she is entitled to a greater share of the property. Your new relationship has no bearing on your legal interest in the property.
You cannot legally force her to agree to put the home on the market, unless there is a deed of trust outlining the process. As she is not agreeing, your only recourse is to pursue a court application and it is a form N1 (this is not limited to money claims) - see here and includes the guidance: http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=338
However, prior to submitting the claim I would suggest you write her a formal letter in order to agree a sale of the property an provide her a deadline to agree, and inform her that you will pursue a court application if no response or agreement is reached.