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Clare, Solicitor
Category: Law
Satisfied Customers: 34905
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have separated from my partner who now remains in our family

Customer Question

I have separated from my partner who now remains in our family home with our daughter and her son from a previous relationship. We were not married. We are joint on the mortgage and own the house as Joint Tenants.
She refuses to consider selling the house in which we have approximately 40k equity, she claims she can refuse to sell and stay there until my daughter (who is 4) is 18.
Submitted: 3 years ago.
Category: Law
Expert:  Shantal-Mod replied 3 years ago.

I'm Shantal and I'm a moderator for this topic.

We have been working with the Experts to try to help you with your question. Sometimes it may take a bit of time to find the right fit.

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Customer: replied 3 years ago.
Hi, I haven't received an answer yet. I am still waiting.
Expert:  Shantal-Mod replied 3 years ago.

Thank you for getting back to me. We will continue to look for a Professional to assist you.

Thank you for your patience,

Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the house actually worth and how much is outstanding on the mortgage
How old is the other child?
Customer: replied 3 years ago.
House is worth 180k with 140k outstanding.
Older child who is not mine is 9.
Expert:  Clare replied 3 years ago.
How much does a cheaper three bedroom property in the same general area cost to buy?
Where did the deposit for the purchase come from?
What income do you each have?
Customer: replied 3 years ago.
About 130k.
My parents lent us the deposit.
My income is circa 40k and hers is 20k. She has a new partner who she wants to move on with her.
I just need to know the difference really between Joint Tentants and Tennants In Common.
Expert:  Clare replied 3 years ago.
It is not the issue of Joint tenants (where the property passes to the survivor on the death of the first to die) or Tenants in Common (where you each own your share of the property) that is the problem here
Either way under Property law you are entitled to apply for an immediate sale of the property.
Your problem is Schedule 1 of the Children Act under which your ex can indeed apply to the court for an order allowing her to remain in the property until your child is 18 (subject to her paying the mortgage)
HOWEVER the fact that she wishes to move her new partner in does change matters and make sit less likely that a court would grant her application
I hope that this is of assistance - please ask if you need further details