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AlisonSolicitor
AlisonSolicitor,
Category: Property Law
Satisfied Customers: 314
Experience:  Expert
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I was wondering, my partners ex is trying to force a sale of

Customer Question

Hi there, I was wondering, my partners ex is trying to force a sale of the joint property. I am however expecting due in January. We already have my daughter age 3 living within the property (not his child) but the baby due is his. Is it right that she cannot force a sale with a minor? What section of property law does this fall in? Thank you
JA: Has anything been filed or reported?
Customer: solicitor letters. no court fillings
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Submitted: 15 days ago.
Category: Property Law
Expert:  AlisonSolicitor replied 15 days ago.

Hello, my name is***** hope you are well today. I am a qualified Solicitor, and I will be able to help you by providing you with an answer to your question today. I specialise in UK and Irish Law. I am not always online but rest assured if I do not respond immediately I will respond when I return.

Expert:  AlisonSolicitor replied 15 days ago.

Is there anything else you feel is relevant to your question or anything else you would like to add before we continue?

Customer: replied 15 days ago.
Hi Alison, nothing further for now
Expert:  AlisonSolicitor replied 15 days ago.

Are you and your ex partner named on the deed?

Customer: replied 15 days ago.
Expert:  AlisonSolicitor replied 15 days ago.

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?

Customer: replied 15 days ago.
She has not yet applied to the court. If she does reply to the court, can she make me sell the property with minors living in the property?The property is in my partner (Ben) and his ex (Nikki's) name. She is trying to force a sale.Ben and I have a baby on the way, due in January. The property is the home to my daughter from a previous relationship (not his daughter)
Customer: replied 15 days ago.
She has also not contributed to the property since December 2019 financially. Ben has paid all the bills, mortgage and improvements on the property. She has bought a different property in December 2019
Expert:  AlisonSolicitor replied 15 days ago.

I see, it is your current partner and his ex that is named on the deed?

Expert:  AlisonSolicitor replied 15 days ago.

Were they married?

Customer: replied 15 days ago.
Customer: replied 15 days ago.
no
Expert:  AlisonSolicitor replied 15 days ago.

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.

Customer: replied 15 days ago.
Thank you for clearing that up.Is it also right in me saying that he can ask for the half of the mortgage to be paid?
Expert:  AlisonSolicitor replied 15 days ago.
of course. He can ask that and the Court may grant it if the ex will also agree.
Customer: replied 15 days ago.
What is occupational rent? His ex's solicitor is claiming she is entitled to this
Expert:  AlisonSolicitor replied 15 days ago.

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".

Customer: replied 15 days ago.
is it a case of cannot or doesnt want to? She bought a different property when she moved out, making that her main residence.
Expert:  AlisonSolicitor replied 15 days ago.
Under the law, it will be "cannot". 

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.

Customer: replied 15 days ago.
Also, what will be a reasonable amount of time to ask court, if it goes to this, for the purpose of a 'family home', the age of the the children before sale?
Customer: replied 15 days ago.
Giving the area we live in is very expensive, the equity in the property is not enough to rehome the family 'comfortably'
Expert:  AlisonSolicitor replied 15 days ago.

I would advise for you to then engage the services of a family solicitor. They would accurately answer more specific questions about your situation.

Customer: replied 15 days ago.
Is there a family solicitor on justanswer?
Expert:  AlisonSolicitor replied 15 days ago.

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.

Customer: replied 15 days ago.
that fine I will go have a look online
Customer: replied 15 days ago.
thank you for your help
Expert:  AlisonSolicitor replied 15 days ago.

Is there anything else I can help with today?

Expert:  AlisonSolicitor replied 14 days ago.

Thank you for your question on JustAnswer. I am always available to help and please do let me know if you have any other questions I can answer for you.