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SASH_Law
SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 4518
Experience:  LLB (Hons)
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My BF has left his family home. it is jointly owned with his

Customer Question

Hello. My BF has left his family home. it is jointly owned with his ex wife. We are having to private rent after my ex refused to move out of our council property. Her is voluntarily paying for half the mortgage, house insurance and child maintenance. We are struggling on £300 PM for all expenses inc petrol etc when this goes to court will a judge let him sell the house, as it is a 3 bed with only mother and child in? there is only 12 years to go on mortgage and 250K equity!
JA: What steps have been taken? Have any papers been filed in family court?
Customer: Not yet, we are waiting to exchange form e as she will not do mediation
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does he live in?
Customer: the family home is in West sussex
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: She has locked him out of the house, refuses him entry, is refusing to meet half way for child contact, refusing mediation, and her best friend is her lawyer.
Submitted: 20 days ago.
Category: Family Law
Expert:  SASH_Law replied 20 days ago.

Hi, I’m Lea and I will be assisting you with your query today.

I am very sorry to hear about your dilemma, but will do my best to provide you with advice and guidance on what to do next. Apart from the background information, I am not entirely clear what your actual legal question is. Are you asking about the financial proceedings, child contact...?

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Customer: replied 20 days ago.
Hi. I am asking if a court will allow my bf to sell his house, so she can buy her own and we can move on?
Expert:  SASH_Law replied 20 days ago.

It depends on their entire financial disclosure, what assets and debts there are from the marriage and the needs of each of the parties, and most importantly the needs of any minor children of the marriage. The court looks at those things as well as the factors as listed in s25 of the Matrimonial Causes Act 1973 to decide how to split the marital assets. Most importantly the court will want to ensure that the parties, but specifically the children, are adequately housed. This means that sometimes the former marital home will not be sold until the youngest child is at least 18. This of course, depends on the entire financial disclosure as aforementioned and what marital assets there are to share.

It may be possible, since it is just mother and one child, if there are two bedroom properties that can be bought in the area that a judge would order a sale to take place, with the majority funds going to the mother if that was needed to rehouse the child. What the court will decide on will depend on the assets and full disclosure, so it is impossible to be definitive as to whether or not a sale would be ordered without seeing that disclosure. But there is a strong possibility that the house may be retained by the parent with care given that children have to be housed and that any share the husband may be entitled to will not be his until the child is at least 18.

I'm afraid it is a case of wait and see what the judge orders, or the parties can agree between themselves.