tenants in common

[salutingvodka]

I took an injunction against my ex partner last year August and it ended up as him doing an undertaking to not enter the property for a year. we are tenants in common with equal shares although that part was left blank on the deed. Technically i did put down £27k however i would need to argue that in court if i wanted to retrieve that.

I have stayed in the property paying "interest only" on a solicitors advice and to be honest this is all that i can afford really, and would not be able to set up a home elsewhere. I would like to try and buy him out - but not an option. The CSA managed to find him but he promptly resigned his job in order not to pay so you can imagine the kind of fella he is.

As we are not married (we have a four year old) the judge said at the DV hearing that she could not help me and we had a year to sort our finances out. My ex is unreasonable in that if i suggest selling he refuses and if i say i want to stay he demands to sell so its hard to ever know what he is thinking.

Because i did not qualify for CLS, i have some biggish legal bills coming my way soon to pay for the emergency injuction. However i am scared he might be demanding and trying to come back into the property come September the 1st. He did stay here for three months not paying any rent or bills etc and because he was smoking and play call of duty all day, i didnt feel right taking little one out of nursery and ended up payingfor it all out of my earnings. When i discussed this with the solicitor he said that as we were unmarried and tenants in common it wasnt really a matter for the courts as it was just like having a housemate who was not paying their rent - although different in that he technically owns half the property. (he still has his stuff here and uses this as his postal address and refuses to alter this). I also think he is running up debts judging by the post that keeps coming which he has not collected. (i usually pass it on when he sees DD although he has not seen her for over a month now.)

When DD starts school i will have more of my actual salary to try and take on a mortgage on my own but i know he wont relinquish his share even if i am paying for it.

Any ideas / suggestions on what the best options / way forward is? Thanks.

[Collaborate]

Apply under schedule 1 of the children act to settle the property on you. There are umpteen threads about this.

[salutingvodka]

thank you Collaborate... thats filled me with hope .. will go hunting for the threads :-)