Can I be made to sell?

[Checkmateready]

My ex is asking me to sell our property which was bought as “tenants in common”. We have 3 children all way under the age of 18.
When we separated I was told by a solicitor that a sale couldn’t be enforced until the children are 18 and that any split in the equity would take into account the fact that we both jointly paid in for a number of years and I have solely taken over all payments since (mortgage, maintenance, buildings insurance).
He is telling me he’s been told different.

Does anyone have any experience or knowledge of this you can share before I have chance to speak to a solicitor?

I'm not in a position to buy him out, I can’t get a mortgage (on universal credit as I gave up my job whilst together to take on our childcare but am going back this month), rent is triple my mortgage payments so wouldn’t be affordable.

Thanks

If OP were married she would potentially be in a much stronger position, even with the ownership being set up as it was.

Marriage offers both parties more protection. In OP's case, as the resident parent with limited earning potential, she could argue that her needs are greater both in terms of care for the kids (which obviously is the same) but also that she becomes more entitled to a greater share of the equity/savings/pensions as it is assumed that her making the sacrifice of not working (thus reducing her financial position) was done with agreement of both parties, for the family's benefit.

As it stands, everything joint is 50/50 and sole assets remain individual.

CMS, full time work, get him to pay for childcare on his days, good broker.

Honestly, if you can cut all ties with him, you should. If you have to move away to be able to find somewhere else to live, then that's what you'll have to do. He can't have it all way. He can't make his kids homeless then expect them to be right there when he wants to see them.

Has he been living in it during that time? If not then you should have been paying rent to him for the use of it which should come out of his share of the mortgage payments.

Blimey nice to know how little he thinks of his DC

He’ll have maintenance to pay.

Paying the mortgage on your own for 5 years doesn't mean anything in term of the split in equity unfortunately. My partner hasn't lived in the house he owns for over 3 years but he is currently going through the legal process of forcing the sale and he is still entitled to 50% as joint owner of the house.

He’s entitled to his 50% regardless of you paying for the last 5 years!
yiure not entitled to a greater share bevcause if that - you have sole use if the property and effectively renting his share while he ( in theory at least) has the cost to live somewhere else

morals don’t come into it. As tenants in common owners holding a 50% share that’s what you own

however, you may, at least temporarily be able to remain there using sch 1 of childrens act as stated earlier to defer a sale

Maybe when you tell him you won't be able to find anywhere to live with 3 children, so they can move in with him, to enable the house to be sold?

Oh and you need to look to perhaos go back full time

Thanks @Fuuuuuckit, I appreciate your response.

To add to what Fuuuuuckit said, if the op was married she would have been entitled to a decent share of the equity even if her name wasn't on the deeds or mortgage. My daughter received 70% even though she didn't have her name on either. She also got a share of her ex's pension. Marriage is not just a piece of paper.

Thanks @knittingaddict, what percentage share of ex’s pension did your DD get?

Im in a situation where I don’t want to accept less than I should so it’s useful to hear the experiences of others.

It’s not really a useful data point, as she was married whereas you are not. It makes a massive difference to what happens when you break up.

lostmyjsename - are you married? If not you cannot claim any share of pension

Not married? Are you confusing me with the OP @FarFromHome2?

You need to talk to a mortgage broker and see what your options are. Some lenders will take into account a new job just from a contract or the very first payslip so you don’t need to wait as such.
Also, don’t mean to be rude but if you have been paying this alone/separated for 5 years why did you expect that he would stay on the mortgage and prevent himself getting a new mortgage whether with a new partner or not?

I got a Mesher Order (was married) but I was told it was because the children were older so only a couple of years until it kicks in.

I think it is less likely if children are a lot younger .
Good luck xx

@StarryEyed88 thanks, I have some appointments lined up so will check this.
I guess because I was told a sale couldn’t be forced then what other option was there. He hasn’t been interested in buying his own place so things have just gone on.

I have agreed to sell but unfortunately that comes at a cost of moving so that we can get family support. He doesn’t like this idea either (and I don’t want to move and uproot us all) but can’t see any other way out of this.

I do think a sale will be for the best now and then he can’t keep the threat dangling over us.

Thanks @knittingaddict, what percentage share of ex’s pension did your DD get?
Im in a situation where I don’t want to accept less than I should so it’s useful to hear the experiences of others.

I think it was something like 50% of one pension. There were two but it was worked out over the one pension provision.

Thanks for responding @knittingaddict, I appreciate it.