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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 1958
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My daughters partner of 14 years has told her he has someone

Resolved Question:

My daughters partner of 14 years has told her he has someone else and wants their house selling. They have a ten year old son who will be staying with her. They have had the house valued and been given a realistic price. On this basis we her parents have offered to buy him out. Taking into consideration the penalty fee due and the large mortage to enable her to take a mortgage we have offered to provide £8,ooo towards the redemption he says he wants 40% of the equity he he will force the sale. Our daughter has a good job and works four days of the week the days she is at work her son goes to a childminder before and after school she has since been able to increase to five days a week. Selling woud mean she would have to move out of the area and her son change schools and this is what she does not want as it has taken him a long time to settle where he is. Does he have the right to force the sale and is there anything else she can do. She will struggle to pay a £90,000 mortgage.
Submitted: 6 months ago.
Category: Law
Expert:  Harris replied 6 months ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Are/were they married?

-What is the property valued at?

-Whose name is ***** ***** in? If in joint names is it as joint tenants or tenants in common, and in what shares?

-What is his gross income each year?

-Do they have any formal agreements or deeds of trust in place?

Customer: replied 6 months ago.
No never married. realistically £190.00. Joint names tenants in common half each. He has never disclosed his income to her but she guesses about £33,000 to £36,000. As far as I know if anything happens to either one they leave their share to their son
Customer: replied 6 months ago.
This should have read £190,000.00 the agents said they could market it for more but that is what they are realistically looking at. If you take of the existing redemption of £97,800.00 or thereabouts he said he would take 40% but now he wants more
Customer: replied 6 months ago.
We really need to know if he could force the sale which would probably leave them homeless
Expert:  Harris replied 6 months ago.

Thank you for confirming.

Unfortunately as they are not married, and in the absence of any formal agreement or deed of trust, the legal position is that they are each entitled to a share of the equity in accordance with how title is held - therefore 50% each. If no agreement can be reached to buy-out his share then he would be entitled to pursue a court application to force a sale of the property and have the equity divided between them

However, in the event that she is unable to meet the housing needs of their child (this will include rental accommodation), she would be entitled to apply to court under the Children Act for financial assistance and this will include consideration of using the property for the child's benefit until her reaches a certain age, after which it should be sold and equity divided in accordance with their respective shares.

Furthermore, depending on the arrangements for the child, she would be entitled to seek child maintenance from the father which is calculated based on his gross income and the amount of overnight time that he spends with him each week.

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, Law Specialist
Category: Law
Satisfied Customers: 1958
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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