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Are there any children under 18 in the former family home?
Is there much equity in the property?
I understand. No that's not really correct. You are both equal owners, and so both have the right to occupation and the proceeds of sale of course, but the court would not be happy with the proposal if a sale would make your children homeless.
So, how much equity is there?
What's the overall value in that case? Is her new partner able to take on a mortgage with her? Perhaps the most straightforward solution is a remortgage to release you and pay you an equity share, if she wants to remain there.
Bringing in a new partner makes no difference, as far as I understand. However their income would be considered alongside hers as a household in a financial order application when deciding what was a fair split of the asset between the two of you.
Her remarriage would prevent a financial order claim being made for a share in marital assets, but then the position with the property would revert to simple joint tenancy, ie. still that you own the house 50/50 and an application for sale would have to consider the children's needs under trust law principles. I'm not saying an application to force a sale would absolutely fail, just that it's a) not a quick route and b) costly, with c) a chance that the court will refuse the application on the grounds of the children's need for a home under trust law principles.
In a lot of ways it makes more sense to litigate the issue through the family courts as part of a financial order application - the costs are lower, the timescales quicker - and your needs will be fairly considered, with the court taking into account her new partner's financial role here too (whereas in a simple application for sale in the civil court it is just between you and the other owner).
I can't see a good reason for not making the application now.
Yes, it weakens her position because his income is combined with hers and so her income needs are less when viewed by the court as a result. She also loses the right to claim any spousal maintenance.
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You have to try mediation before filing in family court, so start with that. The mediator will not ignore the fact she has a new partner and should seek disclosure of their financial circumstances.
Then the mediator signs the court application to say she has refused and you apply straight to court.
Is there anything further I can clarify at this stage?
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The deeds would tell you who the legal owners are. A guarantor does to necessarily mean that there is a departure from 50/50 shares, it depends if there is a charge registered in their favour and what that charge is.
You can check the deeds here: https://www.gov.uk/get-information-about-property-and-land/copies-of-deeds
If you are all equal owners on the deeds then mortgage contributions don't change this I'm afraid.
Personally I don't feel the fact that the mother in law is a guarantor for the mortgage means that her financial circumstances will be considered relevant by the court, it's only relevant in terms of the share of the house that you each own.
The court would ask for disclosure of her partner's finances in addition to hers. It would be full and frank disclosure, all bank statements etc.
The judge won't make decision on the basis of any claims she is making for being a single parent. They will judge t on the facts. If there is a court order for sale the other party (new partner) cannot override this.