Can ex-fiancé force sale of jointly owned house during pregnancy?

[Amely2026]

My daughter was with her partner for 6 years, they own their house (2 years) and were engaged to be married, with the wedding booked for 2028. She found out she was pregnant in earlier this year and they had been trying since summer last year, so we’re thrilled. Sadly, 2 months later he left her for someone he met on a night out.
She has remained in the house and is paying the mortgage as he also lost his job. Unfortunately on mortgage affordability she can’t take on the mortgage, but, luckily is able to afford it and so has been paying it. She put the full deposit down and there is a deed in trust in place for this, but I’m worried that he can still force her to sell the house or that when it comes to sell it, which she will do in a couple of years when she’s more settled, that he will be entitled to any equity or capital that she’s paid off.We spoke to a solicitor but didn’t really come out any clearer and are wondering if a new deed of trust would help? Or whether he will be able to force the sale of house - given he’s not working at the moment.

The short answer is yes he could and probably will, for as long as he is on the mortgage it will impact his ability to rent or buy somewhere else, will also impact his lending ability in general, so I can’t imagine he would be prepared to stay on it long term. It doesn’t matter who makes the payments, he will be entitled to some equity upon sale (excluding deposit).

Unfortunately yes he can force the sale of the house and will likely be soon if he's just lost his job. There's no protection as they're not married & child isn't born.

She needs to get a better solicitor asap.

Can you help her pay for one?

Yes i can, and she is also in a good financial position to pay for a solicitor.
The reviews were good for the solicitor that we saw but we did feel afterwards that we weren’t much clearer. To be honest, it may have just been that there isn’t really much we can do to keep her in the house if he forces the sale.

I think it takes quite a while and is expensive to force a sale so she could just stay for as long as she can (when he starts wanting to sell) or decide to sell up and move sooner

Are they joint tenants or tenants in common at the land registry as he can’t force a sale if they’re tenants in common. If he’s being vile and threatening her take out a non molestation order and a right of occupation order. She can get the unmarried version of a mesher order to protect the house, keep it with him retaining an interest.

He can’t force a sale but could go to court and judge could order it.
if they have a deed of trust the monies will be split in accordance with that irrespective of who’s paying the mortgage

he can’t force a sale if they’re tenants in common.

Yes he can
He can force sale of his share which if she cannot buy him out means whole property sold and equity divided

Can you get a good mortgage broker who can find a suitable lender.

Given the likley trend in interest rates and her ex's situation it might be better to sell and pay him off

I knew someone whose ex was on the mortgage, he went bankrupt and they of course went after his half of the house. Was a few years ago.

Good Point

Could you buy him out?
It might be better for her to sell now, before she is landed with all the expense but he gets to walk away with half the profit (excluding her deposit).

If they own the house jointly then he can’t sell it without her agreement.
if she doesn’t agree to sell then he will have to go to court and ask a judge to order a sale.
if they have a deed of trust for her deposit that should be honoured and any other equity split.

She can’t force him to pay the mortgage and if she pays it herself it will likely have no bearing on the split once sold. The bank don’t care who pays as long as someone does.
If it ended up in court she could ask for half the mortgage payments back out of his equity but he could then ask for rent payments on his half if the house (if he has moved out).

Could she buy him out of the equity and get someone else to go on the mortgage with her?

I would be appealing to his better nature and asking him to leave her there with him on the mortgage for a couple of years and agree he still gets half the equity once sold. Yes she would be making the mortgage payments but she has full use of the property.

Would she be able to buy him out? Value of house, less mortgage still owing, less her original deposit, divide by 2? Is that right?

Is there likely to be much, if any, equity in the house after two years? Prices have pretty much stalled or even dropped in many areas. If there’s no equity might it be easier for your daughter to persuade him to let her buy him out? Could you go on the mortgage in his place or as a guarantor? Could she re-mortgage to a lender that offers greater flexibility in terms of affordability?