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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10513
Experience:  I have been practising for 30 years.
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Me and my partner are no longer getting along We sleep in

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Me and my partner are no longer getting along
We sleep in seperate rooms and live seperate lives
We have one child together and I have another 2 children from a orevious marriage
We are not married but have a joint mortgage
There is around 100000 equity in the property
He claims we will sell the house as he wants his half now?
I don’t want to move the children and can’t get that amount of cash right away
We have savings
I suggested he take 10000 and buy an apartment for now until I can remortgage the house
He claims this is not enough and wants the money now
Basicly have I any rights to stay in the house?
Or will I have to sell the family home?
Many thanks *****

Hello for clarification how long have you been together?

do you have any agreements as to the property?

how old are the children?

Customer: replied 4 months ago.
We have lived together for 6 years had a mortgage for 4 yearsHe says he won’t move out till house is sold?
The children Are my two 14 and 11
Our joint child is 4

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.

Please take a moment to look at the top right hand corner of the page and rate my service by clicking one of the stars at the top of the screen. It’s important you use the rating service because that gives me credit. It doesn’t just give me a pat on the head! (Although there is an incentive scheme where the more five-star ratings I get, I do actually get a pat on the head! :-)) All you need to do is press Submit. Thank you.

If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.


Customer: replied 4 months ago.
He does not have other children just 1 with me
I have 2 children that are not his also?
So I cannot make him leave and stay in the house with my 3 children
He only has 1 child who will live with me

I apologise. I see now I read incorrectly, the children from the previous marriage or yours, not his room previous marriage.

That changes it completely then, even with just the one child which is a child of the relationship, it’s unlikely he could force a sale of the house until your youngest child reaches 18.

Even with the children from your previous relationship, if this house was bought as a family home for you and them and he had treated those children as his own, there is still a good chance that you would be able to stay in the property until the youngest child reached aged 18. However with a child jointly between you, it’s highly unlikely he can force a sale of the property in spite of his protestations. Rather than him wait another 14 years to get his money, he may be agreeable to settle for a much smaller sum now rather than get 50% in 14 years time.

F E Smith and other Law Specialists are ready to help you
Customer: replied 4 months ago.
Thank you so much for your help