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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35065
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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very foolishly I agreed to my daughters now ex partner having

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very foolishly I agreed to my daughters now ex partner having a one third share of my
property they have now split up and he wont vacate the property so we can sell it. my daughter has 2 children [one from a previous relationship] her ex is very controlling and arrogant,he knows we cant do anything about the house until he agrees to sell. My daughter has seen a solicitoy but we cant afford her costs anymore.Is there anywhere we can go to to get the help we desperately need
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
May I ask why you agreed to this in the first place?
How old are the children and where are you , your daughter and the children currently living?
Customer: replied 3 years ago.

I agreed to giving John[ my daughters ex partner] a one third share because when john and my daughter[Katey] changed their mortgage supplier the solicitor said why dont we put the house into 1/3 shares so if anything happened to any one of us the other two would only have to buy out a 1/3 share. I had very little time to think about this, just 3 or 4 minutes

, and I thought that as john was doing a lot of remodelling and updating the property it would be fair to give him a share.the children are Anya 13yrs,and Reilly 10yrs.I have a flat where my daughter and children have been staying with me and my daughter has now gone back to her house.Katey walked out of the house to stay with her sister for a few days,but when she went back to the house the next day john had changed the locks on the doors and said he wont give her a key because he doesn't trust her in the house by herself!!!!!. she then came to stay with me.

Does your daughter wish to live there with the children (and without her ex)
How much is the property worth and how much is outstanding on the mortgage?
Customer: replied 3 years ago.

Hello Clare, I apologise for not saying that at the beginning of our chat. yes,Katey does want to stay in the house but I think we realise that john is going to make it very difficult. I am not sure of the following answers as I haven't had much input into the money side of the mortgage etc. I can only give you an approximate amount. The house is worth app.£250 thousand pounds and around £183 thousand outstanding.

How much does a three bedroom property in the same general area cost to buy?
May I assume that they are not married?
Customer: replied 3 years ago.

as far as I can find out the properties are worth around £280 thousand pounds. and they aren't married.

There are two possible ways forward.
The first is for one or both of you to use Property Law to apply for an immediate sale of the property
There is no basis on which this man could defend it - and you could ask for an Order that he vacates the property so that you have conduct of sale and then you pay him his one third from the sale proceeds.
The alternative os for your daughter to make an application using Schedule 1 of the Children Act for the right to live in the property (without her ex) until their child is 18 at which time the property will be sold and divided in accordance with the agreed shares.
I hope that this is of assistance - please ask if you need further details
Customer: replied 3 years ago.

..when you say that one or 'both of you' to use property law are you refering to Katey v john or Katey and I v john ? Do we have to go to court for this service especially as I think john will say no to doing it?and with the second way will Katey have to go to court for that as well because if it means using a solicitor we just dont have the money for it.Would it be difficult to attempt to do the above ourselves or would his solicitor wipe the floor with us?

Either you or you and your daughter can issue the application against him.
Either way there will indeed have to be an attendance at Court.
Either option can be dealt with by you or your daughter in person - but it would be sensible for your daughter to try and negotiate with her ex first using Family mediation
as legal aid is still available for mediation
Customer: replied 3 years ago.

thankyou so much for your help. We will try the avenues you have suggested and hope we will get somewhere. We wont hesitate to ask ANSWERS again if we need further help, thankyou and goodnight.

You are most welcome - I hope all goes well
Clare and other Family Law Specialists are ready to help you