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Hi, thank you for your question. Just a bit more information required to fully assist you:
-Are they/were they married?
-Is the title held as a joint tenancy or tenants in common and in what shares?
-Are there any formal agreements or deeds of trust in place?
-Who is living in the propertyopertty now?
-Where does he intend to live when discharged from hospital?
Thanks for confirming. As they were not married and there are no formal agreements, he is legally entitled to obtain a share of the net proceeds of sale in accordance with his share of the title - so if it is a joint tenancy it must be equal. If it is unequal sharers it will be in accordance with his share - therefore if she attempts to reduce the net proceeds of sale by paying maintenance etc, this will impact her share too as they are joint owners.
In relation to whether they sell or not, if the children are still dependant then she will have argument to remain in the property for their benefit. If no agreement is reached to sell the property then the joint owner intending to sell can pursue a county court application to sell the property.
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