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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2849
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have been slipt from my 3 children's mum for over 3 and a

Resolved Question:

Hi
I have been slipt from my 3 children's mum for over 3 and a half years she lives in my house where I put around £70k of my own money into buying it when we was together now she has moved a new man in there can I force her to sell now, also I have my kids 50% of my time and I no she will try stopping that if I do how can I stop her from doing that also would it be better if I went for share care or joint custoryed to make sure she can't use the kids as a weapon
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 you in England or Wales?

-Are/were you married to her?

-Whose name is ***** ***** in?

-Are there any court orders in place, if so what?

-How much is the property worth and outstanding mortgage?

Customer: replied 1 year ago.
Are you in England or Wales? england-Are/were you married to her? no-Whose name is ***** ***** in? both names-Are there any court orders in place, if so what? no-How much is the property worth and outstanding mortgage? we bought it for £180k worth £155K now we owe £118K on it
Customer: replied 1 year ago.
also there due to get married too
Expert:  Harris replied 1 year ago.

Thanks for confirming. You have a legal interest in the property and given that she has now occupied it with a new partner who she intends to marry you should consider pursuing a buy out of your share. Legally you would be entitled to a share of the equity in accordance with how you hold the title, so if it is a joint tenancy you would be entitled to 50% of the equity. If she does not agree to buy you out you should consider applying to court to force a sale of the property which can be done using form N1 and a £355 court fee.

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.,

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