Ask a Law Question, Get an Answer ASAP!
Hi, I'm Lea and I have reviewed your query.
Are you married?
You refer to 'signing something' - was this a deed of trust?
Please read the following:
Unfortunately neither one of you has the right to ask the other to leave without agreement or in absence of agreement, an order of the court (e.g. an occupation order).
As you were not married the property is owned according to the deed of trust, so 50/50 after he gets his 32% deposit returned first. If a court ordered a sale (very likely) that is exactly how they would divide the property.
Your options to remain in the property without him being there are to get an occupation order against him (there has to have been some form of abuse or harm to you and the children) which would exclude him from the property for 6-12 months (maximum) during which time the court would expect you both to resolve the matter (i.e. sell). Or, to make an application under Schedule 1 of the Children Act 1989 to ask the court to permit the children to continue to live in the property until they are 18.
You can apply for an occupation order on form FL401 - there is no fee for this application.
You can apply for a Schedule 1 CA financial application on Form A1. This will involve full financial disclosure from both of you - and the court is only likely to make an order as per above if the father has the ability to rehouse himself without issues. If it is unlikely that can occur then the application will fail.