Ask a Family Law Question, Get an Answer ASAP!
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?
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.
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)?
Yes, you can do. Mediation is normally required if you are married.
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.
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