With £100,000 of equity in the property it’s almost guaranteed that a sale of the property would not provide enough money to provide a home for you and dependent children until they reach 18 and give him some money.
On the other hand, he has two children from a previous marriage and assuming they are under 18, he is in the same situation.
If you did not have a child, it’s unlikely you could force a sale.
If he had children but you didn’t it is unlikely that you could force him to sell.
As it is, it is highly likely that either of you could force the sale (provided there are children under 18) and the proceeds would be divided between you. If you are not married, the proceeds of the division of the house are easily divided. 50-50. It doesn’t matter what each of you put in, there is case law, Kernott v Jones which says that if there is no agreement to the contrary as to what happens when the property is sold, then regardless of what each of you put in, the proceeds are divided 50-50. I don’t agree with that decision but I don’t make the law, I just regurgitate it.
You own the house jointly and therefore each of you is just as much entitled to live in the property as the other.
· By the same token, you both have dependent children and you are both entitled to remain in the family home can’t happen because you don’t get on, it will be sold and the proceeds divided.
· You can’t make him move out any more than you can make him move out
I’m assuming that his children actually live with you both because if they don’t and they just come to visit now and again, that is a whole different ballgame.
Can I clarify anything else for you? I’m happy to answer any specific points arising from this.
I’m happy to answer any specific points arising from this.
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