Hi, thank you for your question. Were you married to each other?
-Are there any formal agreements regarding the property?
-What is the value of the property and outstanding mortgage?
What are his reasons for wanting to sell the property if there is no equity?
In the circumstances, you would be best to suggest that all three of you enter into a deed of trust which can outline that you indemnify them against the mortgage in order to prevent a sale.
You require the home to accomodate yourself and the children and it is inappropriate for him to try to sell the property especially as there is no equity and it does not appear that he seeks to obtain a new mortgage.
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My name is ***** ***** I have been a family lawyer for more than 30 years.
You do not need to negotiate a Trust Deed or give an indemnity.
Write back to him pointing out that under Property law the Court does have to take account of minor children and that it is unlikely a sale would be ordered until your youngest child is 18
Go on to say that if he does make such an application for sale then you will make an applictaion under the Children Act for an Order allowing you to remain in the property until your youngest child is 21 rather than 18 to take account of your child's special needs.
If you wish to be proactive you can offer to discuss matters using Family mediation
Please ask if you need further details
It is just like bullying because it IS bullying
You are very welcome