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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1436
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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Can I force my ex to sell the house? We are unmarried

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Can I force my ex to sell the house?
We are unmarried and have a baby ( 2 years old). The mortgage is joint tenants and the flat got three bedrooms. She says I cannot force her to sell even if I go to the court because we have a baby.
Welcome to Just Answer
I am a Solicitor and will try and assist you.
Please may I ask:
- how much equity in the property?
- what's the price of a 2 bed property in the area?
Kind Regards
Customer: replied 2 years ago.
Equity is 50%-50%.
We bought the 3 bed flat for £163000,and now the price is £260000-£280000
Thank you for your response.
As you are a Joint Owner - it is possible for you to make an application to the court under the Trust of Land Act for an order that the property be sold.
What your ex has said has some truth to it - as the court will consider the housing needs of children when they consider this type of application - but that doesn't mean that the court will definitely say no to your application. There is quite a bit of equity (money left after sale) in the property and you could try and argue that the housing needs can be met elsewhere - with division your ex would have a deposit for another place.
You also have to be aware that your ex could make an application under Schedule 1 of the Children Act for provision of housing for your child. If such an order was made then your interest in the property would be held for the benefit of your son until he reaches 18.
My advice to you is to refer this matter to Family Mediation - to see if you can come to some agreement with your ex about the property being sold. If matters can't be agreed then apply to court and let the court decide.
Kind regards
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