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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 10480
Experience:  Senior Associate Solicitor
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I have a question about our family home. Me and my daughter

Customer Question

I have a question about our family home. Me and my daughter live here and her father left last year / we have a joint mortgage and were not married
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: nothing like that
Assistant: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: He now wants to sell
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: I live in oxford. Is this a free service, I just want an idea of what my rights are regarding our home
Submitted: 6 months ago.
Category: Law
Expert:  JimLawyer replied 6 months ago.

Hello, this is Jim and I am a dual-qualified lawyer (UK and Republic of Ireland) and happy to help you today.

You both own the home and it was designed to be the "family home" to yourself, your daughter and your ex. Assuming your daughter is under 18, your husband is not going to be able to apply to the court to force a sale if you disagreed on selling at this stage. When your daughter reaches 18 then potentially he would stand a better chance. An option for him would be to agree with you to sever the joint tenancy (in to tenancy in common where you own the property in distinct shares) and he can sell his share to someone else. You may also want to do this so that if you were to die, you can leave your share to your daughter or whoever else - at the moment if either you or your ex were to die then the home would pass to the other under the rules of survivorship (even though you have split up).

I hope this helps – if you can please give a positive rating by clicking 5 stars (at the top of your screen), I can answer any follow up questions at no extra charge and I will be credited for helping you today.

Many thanks,

Jim

Expert:  JimLawyer replied 6 months ago.

I hope I have answered your question. Let me know if anything requires clarification. In the meantime if you could either leave a star rating, or reply “yes”, I would be very grateful.

Many thanks,

Jim