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I am a Solicitor and will assist you.
Please may I ask:
- how old is your daughter?
- is your ex her biological father?
- what is the equity int he house?
- now that he has changed the ownership from joint tenants to tenants in common - do you know if he has a will and if so, who would he be leaving his share too?
Ps I just need to nip out but will respond as soon as I can
Thank you for the response. Is that 98k left to pay on the mortgage? how much would the house sell for?
Thank you for clarifying that for me.
What you need to know is that as joint owners of the property then it is possible for either of you at any time to make an application to the court for an order that the house be sold. If your ex was to pass away and whomever he had left his share of the property too could also make such an application to the court aswell.
If such an application was made to the court then the court when making its decision would have to consider any minor children living in the property. This would include your daughter until she is 18 years old even though he is not the biological father for her.
Given that you if the house was to be sold then you would only be getting around 50K equity each then a court might well think that this is not sufficient for you to be able to rehouse your minor daughter and therefor the court might well decide that the house not be sold until she reaches 18.
So at this stage whilst she is still a minor the court will have to consider her.
I hope that this helps you.
Let me know if I can assist you further
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Thank you for your kind words.
Children can move out at 16 so there is no reason why your daughter could not keep living there until at least 18.
If I can assist you further then please do not hesitate to ask
Thank you or your response. Glad that I could help.
You could make an application to court if you want to sell before the 7 1/2 years too if you wanted too - as it works both ways.
As a joint owner he does have a right to reside in the property but if he came back and there was hostility then you could consider making an application for an occupation order to exclude his right of occupation for a shirt term basis.
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