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JimLawyer
JimLawyer, Solicitor
Category: Family Law
Satisfied Customers: 7464
Experience:  Senior Associate Solicitor
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We are unmarried have 2 children 18 and 15 ... partner is

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we are unmarried have 2 children 18 and 15 ... partner is refusing to sell joint property stating he believes it is in their interest to stay both children are happy to move after exams in June ... as their mother so I have any rights to insist we sell
JA: What steps have you taken? Have you filed any papers in family court?
Customer: just seen a solicitor and waiting for his response to the LBA letter
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: uk
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

Hello, this is Jim and I am a dual-qualified lawyer (UK & Republic of Ireland) happy to help you today.

So your partner is unwilling to agree to a sale?. Who sent the letter before action?

Customer: replied 4 days ago.
My solicitor

Thanks, has your solicitor told you about your rights?.

You are their primary carer and if you wanted you could stay in the property until our 15 year old reaches the age of 18 - or you can sell - it really depends what you want to do.

Customer: replied 4 days ago.
I would like to sell
Customer: replied 4 days ago.
We are awaiting my ex partners response he has 7 days of the 21 to respond
Customer: replied 4 days ago.
In the interim he’s says he doesn’t want to sell in the interest of the children to give them stability

OK, but it's your choice as you are their primary carer - I understand he wants to give them stability etc and he has parental responsibility (so has a say in the major decisions in their upbringing). If nothing can be agreed then the family court would make a decision.

The court would be asked to consider the factors under S.14 and 15 of the Trustees of Land and Appointment of Trustees Act 1996 - which is relevant as you are not married. The welfare of any minors would be considered - ultimately it would come down to the judge's decision whether to order a sale or not. If the children are happy to move then their wishes would be taken in to account.

 

Would you like to know anything else in the meantime (before your ex responds)?

Customer: replied 4 days ago.
Hi Jim just that I believe mediation is pointless as he continually lies and therefore can I approach the family court as a next step after the 21 days?


j the fam

Yes, you can do. Mediation is normally required if you are married.

Customer: replied 4 days ago.
Thank you Jim

No problem, I understand it's a difficult time but there will be a resolution to all this soon

Also feel free to come back here whenever - I answer questions as soon as possible and over weekends too.

I hope this helps? If you would kindly leave me a 5 star rating (at the top of your screen), any follow up questions are welcomed and I will be credited for helping you today.

Many thanks,

Jim

JimLawyer and 3 other Family Law Specialists are ready to help you
Customer: replied 4 days ago.
Great thank you that feels like a path