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Hi, thanks for your question. Just a bit more information required to fully assist you:
-Are there any formal agreements between them regarding the property?
-How old are the children and are they both their parents?
-What is the value of the property and outstanding mortgage?
Hi, this question remains open. Please could you provide the requested information so that I can assist you.
Thanks for confirming. Given that they are unmarried and have a formal agreement in place, legally he is only entitled to 30% if the proceeds of sale. If she is unable to buy out his equity then he would be entitled to pursue a court application to force a sale of the property.
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He is entitled to pursue a court application to force a sale if they cannot agreed.
If he had assumed financial responsibility for the children then there would be argument that a claim can be made to remain in the property for their benefit - however, if he has not assumed financial responsibility and their biological father is still in the picture then he would not be subjected to provide for them and they will not be factored into his claim to sell.