Can I prevent XP forcing sale of house?

[EdwiniasRevenge]

XP and I split 3yrs ago.
mortgage and deeds in joint name and have remained so.
I have been paying the mortgage since.
I gave him a lump some at time which was worth about half the equity in the property.
I was a full time student at the time and due to ill health still am.
a verbal agreement was made at the time that I would buy him out of house 18m ish later when I went back to work - which due to ill health hasn't happened yet.

He has now asked for his remaining settlement which based on the verbal agreement is more than fair enough. However, as I still can remortgage as I am full time student this means selling the property.

A friend has raised a point that maybe he cannot force the salr as the property is his DCs residence. Something about waiting until their 16th birthday or when I remarry whichever happens first. I will go see CAB but wondered if anyone can point me in the right direction for any 'rules' on this to put my mind at rest in the meantime.

He as a legal obligation to provide a roof over their head! I think it's 18
No doubt another MNs will have more advice

1. Whatever you agree, get it in writing and get him to sign it, as it sounds like you haven't (but I may be wrong).

2. He cannot unilaterally decide that he wants the house sold. He would need to obtain a court order to force you. Depending on the full circumstances, he may or may not get this court order (for example your ill health).

3. However, who is living in the house now? If he's got children, then their needs come first, I'm afraid.

I don't think I clearly understand your situation, but definitely get yourself to the CAB and/or solicitor as it seems a little complicated.

The legal position depends on whether you were married and where you live e.g. family law in Scotland is different from that of England & Wales.

In the UK there is no automatic right for children to remain in the former family home and a sale can be forced. No money should change hands unless there is a legally binding settlement in place.