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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have a property with my ex partner split in january not

Customer Question

i have a property with my ex partner split in january not married 1 child she is living in the property not willing to sell but only paying half mortgage she cant buy me out cos cant get a mortgage herself were do i stand getting a court order to sell ??
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-How old is the child?

-What are the arrangements for her to live with either of you?

-Whose name is ***** ***** in?

-What is the value of the property and outstanding mortgage?

-Are you living in there too?

Customer: replied 1 year ago.
our son is 50/50 split half with me half with my partner child is 22 months oldboth our names114,000 left on mortgageno i am at parents as still paying half mortgage cant afford to till we sell
Customer: replied 1 year ago.
propery value 159,000
Expert:  Harris replied 1 year ago.

Thank you. Given that you have a child together who is only 22 months old if you attempted to go to court to force a sale she will have grounds to oppose this given that the child needs suitable accommodation.

In the circumstances she should be meeting the costs of the mortgage solely as you are no longer occupying it, despite the mortgage being in joint names.

As you have been sharing the mortgage and you are not enjoying use of the property you would be entitled to claim occupational rent from her.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

Expert:  Harris replied 1 year ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.