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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 4755
Experience:  Owner at James Bruce Solicitors
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I am a tenant in common 50/50 alongside my ex. I need to

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I am a tenant in common 50/50 alongside my ex. I need to leave the family home with my children. I cannot afford to keep up the mortgage repayments and rent. He intends to but me out but it could take months. Can I force a sale instead
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: UK Not yet talked to anyone
JA: What steps have you taken so far?
Customer: Agreed children and I will leave and began property search.ex has left the home for now
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I'm not sure?

Hello, I hope you are well. My name is***** am a solicitor advocate and  I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

Customer: replied 10 days ago.
Ok, thanks I'm waiting for your response
Customer: replied 10 days ago.
I can wait that's fine

As you own the property as tenants in common, that is the first step to being able to force a sale.

However, the process does take a long time and no guarantee the court will agree.

There is an alternative to forcing a sale. You can agree to your ex buying you out but you specify a deadline. Or you can reach an agreement that the house goes straight on the market now.

You could as you have children, stay in the property. You could ask for court for an occupation order. This could well be granted especially as you have children It could be granted until they leave school.

You would of course need to sort the mortgage payments still, but could remain in the family home and give stability to the children whilst at school.

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Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.

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Customer: replied 10 days ago.

your welcome.