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Are you and your ex partner named on the deed?
As you are both named on the deed, your ex cannot force a sale without your permission.
As you are living in the property, you cannot be removed from the property.
This can only be done if he applied to court to force a sale.
Has he started Court proceedings?
I see, it is your current partner and his ex that is named on the deed?
Were they married?
Unfortunately, it would be up to the Court to decide that.
The father can make a claim during the hearing of the force sale to not sell the house until the children are a certain age, however there is no guarantee that the Court will grant it.
The right to Occupation Rent arises when one party is actually or constructively excluded from his or her property.
This means that because the ex cannot live in the property which is her right, then she will ask for rent from your current partner as a form of "compensation".
Your partner can argue in court that she was the one who left and made another property her main residence and therefore has np right to ask for Occupation Rent.
I would advise for you to then engage the services of a family solicitor. They would accurately answer more specific questions about your situation.
Unfortunately here at JustAnswer we are unable to accept formal instructions to act on your behalf. If you would like details on how to locate a solicitor local to you please do let me know and I can provide guidance.
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