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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34900
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I jointly own a property with my ex ,we have two children together

Customer Question

I jointly own a property with my ex ,we have two children together who live with her . , my exs new partner has moved into the property and if I'm honest I would like them to buy me out however my ex won't do that she continues to pay the mortgage and bills on the property . Do I have any legal rights my name is XXXXX XXXXX the mortgage
Submitted: 4 years ago.
Category: Family Law
Expert:  tdlawyer replied 4 years ago.

tdlawyer :

Hello, thanks for your question.

tdlawyer :

My name is Tony, I can assist you with this.

tdlawyer :

Were you married?

JACUSTOMER-3dgrb39p- : No never married ,
tdlawyer :

Okay. Then yes, you could seek to force the issue.

tdlawyer :

You can apply to the court for an order for sale which should force her to settle the dispute by buying you out.

tdlawyer :

She is obviously not entitled to your property at your expense.

JACUSTOMER-3dgrb39p- : Even though the two kids live with her mainly ,
tdlawyer :

Yes. Having to care for children is not an answer to acquiring somebody's interest in property! However, what order the court makes will take into account the fact that there are children there. Relevant issues will be whether, for example, they are at a local school and being forced to move at a specific time will cause too much disruption.

tdlawyer :

Under the Childrens Act, the wife could apply for property adjustment orders, which means she would get the right to reside there, but the court would be able to make an order to compensate you in terms of the interest you lose by forcing her to make payment to you.

JACUSTOMER-3dgrb39p- : I just really don't like the fact that another man has moved into my house and acts as if it's there's , I put my exs name on the mortgage when we brought the house ,but pulled the deposit from a previous house I w
JACUSTOMER-3dgrb39p- : Owned on my own ,she wasn't working at the time due to kids ,but now I would like for them to either buy me out or sell
tdlawyer :

I can understand your feeling about this! I would suggest you get a solicitor to write her a letter inviting her to formally buy you out, and if not, then you start court proceedings with a view to forcing that to happen.

JACUSTOMER-3dgrb39p- : Ok thanks for the advice
tdlawyer :

Thank you.

Expert:  Clare replied 4 years ago.
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
Not all of the above is entirely correct - to give you a more specific answer we need to know
How old the children are
How much the house is worth and how much is outstanding on the mortgage?
How much a smaller three bedroom property (two bedroom if the children are the same gender) in the same school area costs to buy
What income your ex and her new partner have