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Ask Harris Your Own Question
Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2724
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Me and my ex partner own a house which is the family home,

Customer Question

Me and my ex partner own a house which is the family home, my two boys (aged 18 and 21) still live in the property with my ex partner, the house is fully paid for, i have moved out and am looking to sell to move to America, what is the legal situation with the boys still there, am i entitled to sell the house and split the proceeds 50/50 with my ex partner
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

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?)

Customer: replied 1 year ago.
We are not married and never were. The property is in joint names. Not sure about your last question I think joint tenancy as we are both equal owners of the house? I could offer her to buy me out and keep the house and its contents i dont want the contents
Customer: replied 1 year ago.
just checking you received my response this is the first time i have used just answer?
Expert:  Harris replied 1 year ago.

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.

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 your question without a positive rating. Thank you

Harris and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks for your answer, further information i need specifically regarding the children, someone told me that i cannot sell the house until my youngest son is 21 is that false? Do i have any legal obligation to my children to support them if they need to find another property to live in with her?
Expert:  Harris replied 1 year ago.

Thank you.

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.

Customer: replied 1 year ago.
I am looking for further legal advice on selling the house as I think my ex partner is seeking the same, do you offer this service?
Expert:  Harris replied 1 year ago.

Thank you, ***** ***** offer further information but this website does not assist with the selling process of a property. What information do you require?

Customer: replied 1 year ago.
Well i was really looking for a lawyer to advise on where i stand if she comes back with something that challenges the entitlement to half of the property. I. E. In what circumstances could she challenge that, i was estranged with het while living there (sleeping on the sofa) i left to be with another person i met and became close to in the USA. Can that relationship have any bearing on the sale or equal shares?
Expert:  Harris replied 1 year ago.

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.

Customer: replied 12 months ago.
Hi there. It seems my ex partner is stalling any offers to buy me out or put the house on the market. You mentioned an N1, but that is to claim money, is there anyway i can legally force her having to agree to put the house on the market, atm she is in the house with no intention to move or do anything, would the N1 be used to claim my half of the current market value, if so how would she be able to pay me?
Expert:  Harris replied 12 months ago.

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.

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