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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1432
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My ex partner left home 6 years ago to set up with his new

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My ex partner left home 6 years ago to set up with his new woman. He felt guilty and said that I could stay in the house until I inherit my parents house. We are joint owners of this house and I was wondering what legal claim he has on the house and whether he can force me to sell. I ask because I am told that his new woman wants me out so that they can pay their mortgage off. I work for minimum wage and buying him out is not an option. please advise of my legal position. I have maintained and improved the property since he left in 2009.
Welcome to Just Answer.
I am a Solicitor and will assist you.
Please can I ask:-
- were you married to your ex?
- are joint tenants or tenants in common?
- did you have children with your ex?
Kind Regards
Customer: replied 2 years ago.
Not married and joint tenants with no children.
Thank you for your response.
When couples are unmarried the area of law that deals with the property is the Trust of Land Act.
As you are joint tenants - there is a presumption that you own the property equally.
It is possible for your ex to make an application to the court under the Trust of Land Act for an order for sale on the property if he wanted to realise his share in the property and you were unable to buy him out.
The court has a discretion to order a sale, and in doing so must consider:
-The intentions of the person or persons (if any) who created the trust
-The purposes for which the property subject to the Trust is held
-The interests of any secured creditor or any beneficiary
The court would therefore consider your interest however it is entirely likely that the court would make an order for sale.
Before any application is made to the court, the Civil Procedure Rules state that your ex needs to set out case in sufficient detail first to allow you to be able to respond. This is known as a letter of claim. Failure to do this and to act in accordance with this may result in costs sanctions.
I understand that this is likely not what you want to hear but I do have to be honest.
Kind Regards
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Customer: replied 2 years ago.
thank you.
Your welcome - I wish you all the best.
Kind Regards
Positive feedback is gratefully received.