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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 11476
Experience:  I have been practising for 30 years.
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My boyfriend wants to sel our house. We have mortgage

Customer Question

Hi, my boyfriend wants to sel our house. We have mortgage together. I don’t want to sell it as we have 9 year old daughter and need house for us to have roof. I can’t buy his part as I do not have enough money. He is constantly saying that he will take me to court. Can he sell our house or he can’t do it because there’s a 9y old kid and I don’t agree to sell it?
Thank you
Submitted: 6 months ago.
Category: Law
Expert:  F E Smith replied 6 months ago.

Hello for clarification - how long have you been together?

are there any agreements as to who put in deposit etc?

Customer: replied 6 months ago.
We been together in-out 11y.I sold my flat in Lithuania and pay deposit for house.
Expert:  F E Smith replied 6 months ago.

If 2 people own the property and one wants to sell and the other doesn’t, the willing seller can take the reluctant seller to court and make an application under s14 of the Trust of Land Appointment of Trustees Act for a Order for Sale. If there are no children involved and know the reason why the property should not be sold, the willing seller will get that order and will normally get costs awarded against the reluctant seller.

However you have a nine-year-old daughter together and you are both under a duty to provide a home for that dependent child until 18 and therefore, unless a sale of the property would produce enough money to provide a home for you and your daughter for the next nine years and release any money to your boyfriend, then a sale is not on the cards and he would be wasting his time.

Incidentally, 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, it’s split 50-50. There is already caselaw on that which I don’t think particularly fair but that’s what the courts have decided.

Can I clarify anything else for you?

I am happy to answer any specific points arising from this.

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

Best wishes.

FES.