How do I force sale and claim from his share for kids??

[heisashit]

We broke up after 14years. He had an affair.
House up for sale for a year and finally got a buyer. At twelth hour he has decided not to sell unless a DNA test is provided. He knows the kids are his but he is being a prat.
We own house jointly and he wants half even though he owns two properties outright. I work part time and cannot get a mortgage. My half share cannot house me and the kids.
Which forms do I need to apply for provision from his half share for the kids and to force sale as I am no longer entitled to Legal aid (Solicitor has closed file after a year).
We are not married.
How much will it cost me to get a judges decision asap?

Could I suggest you ask this to be moved to legal.

You just report it to MNHQ and ask them to move it.

Hi,

Just to let you know that we're going to move this into Legal.

All the best,

MNHQ.

Is he paying you maintenance for the children? Have you been in touch with the CSA?

hi Hassled,
thanks for your reply.
I have recently been in touch with CSA as he had only made a few irregular and random payments.

This is more complicated than you might think. You can apply to stay in the house whilst the children are young but when they finish their education the house would be sold and you would each get your half shares - this application is under Schedule I of the Children Act. Depending on the nature of your joint ownership you MAY be able to make an application for more than 50% under the Trusts of Land Act. As you're not married this is not straightforward and you would really benefit from some legal advice before you decide how you want to proceed. Have a look at the Resolution website for a cohabitation specialist.

Thank you for your kind reply familylawyerlouise.
I did have a solicitor until recently when legal aid was withdrawn.
My solicitor had been twoing and froing with his, trying to resolve this amicably.
What I would like to know is the name of the forms for a 'financial provision for the children' and which forms do I need to force the sale.

By the way isnt it discrimination that I am treated differently from a woman in the same position just because I chose not to say I do?

For a Children Act application you need to fill in a C100, C10 and C10A.
To force a sale under the Trusts of Land Act you need an N1 and particulars of claim. I don't think there's a standard particulars of claim form. There will be fees for both applications but you can apply for an exemption with an EX160. You will need to fill in one for each application and provide the supporting documentation as well. It's not discrimination for the law to treat unmarried people differently to married people - it's a different legal relationship and the law reflects that.

Hi Louise

The Red Book 2013 says that the application is on form A1

Link:
www.familylaw.co.uk/system/uploads/attachments/0002/1193/Form_A1.pdf

Is he named on the birth certificate?

Do you still have the buyer waiting?

Would it be quicker just to do the DNA test than the other options? Is he paying for the test?

Apologies - Collaborate is right. In my haste I picked up an old Red Book! Brains have clearly gone to mush at this stage in the week!

Hi,
Thanks for the heads up re marriage. I am just a bit peed at the moment. Sorry.
Thanks for info re forms. In order to save time and get on with it and bearing in mind my printer is no longer working, where can I obtain all the forms and who can help complete them appropriately as my local community law firm say they are unable to.
I am quite competent in firm filling but just need to fill them in appropriately leaving out my personal feelings and views.

Yes his name is on biryh cert and hence my name heisashit.

Buyer is contemplating pulling out and I have written to his sols asking when DNA will be done but I am in doubt they will reply this side of xmas hence the need for applications.

Bank is hovering to reposess.

Thanks for all your advice and hand holding.

Much appreciated.

By the way, I really cant afford to employ a solicitor again.

If you go to your local county court they should give you a form. May also be a leaflet to help you.

Thanks for that. Will give it a go.

Hi,
What is the red book and do I need one and if so where do I get one from please?

Also, is it wise to move out now and squat at my mares indefinetely with kids and rentvproperty to prevent stage two repossession or do I wait till faced with repossession and plead my case in court.

From what I have read and heardcso far it seems I am going to be homeless one way or the other.

Oh dear.

It's called "The Family Court Practice". It's over 3000 pages long, and contains all of the court rules and statutes relevant to family law.

It is a very expensive book (£370) about family court practise and procedure. You don't need one.

Phew, thanks for that.
Just looking at forms online.
Seems like I may need C1a also.
Have no cinfidence that judge is going to appreciate thedepth of emotional and psychological abuse.
Ex is a passive aggressive compulsive liar and people believe him.
He is quietly and well spoken and body language suggests he is the victim in all this.

Suddenly gilling in the forms fills me with dread.
Oh dear!!

If you make an application under Schedule I the Judge will be concerned with only the financial issues of the case - not any emotional abuse. The factors that the judge has to take into account under Schedule I are things like income, earning capacity, financial resources, needs, financial obligations and any disabilties. Form C1A would only be relevant if you're applying for things like contact or residence orders so you don't need one for a Schedule I application.