Unmarried mother with dc

[Jusinator]

My sister is not married. Her partner is leaving her after 18 years. They have two dc (14 & 17). The house is in both of their names, Only he has a job. He wants to sell/split money and move on. My sister does not/cannot move (major anxiety). He is staying with friends & trying to force the sale. Anybody know her rights?
I know professional legal advice is required which we will pursue.

You are right that she needs proper legal advice. However, it is unlikely she will be able to stay put permanently. In the short term she may be able to delay the sale if the children live with her but longer term he is entitled to his share of the equity in the house. Unless she can raise the money needed to buy him out the house will have to be sold.

As Prh47 says, she's in a difficult position as she isn't married. She may be able to apply for. schedule 1 order (Children Act) which would delay the sale for a few years at most.

Your sister needs to get legal advice ASAP as without knowing the full details of her situation it is impossible for any one to give her accurate advice.

Thank you for your replies.

I also agree with the other. The other thing to check is if they have a cohabitation written agreement when they mvoed in and secondly if they have any agerement abotu the perfecntage ownership eg one pu t in loads of money and they have a deed of trust saying that person gets 80% and other 20%. Also check your jurisdiction - Scottish law is different from English law in this area, very different.

Could someone in the family help buy out her partner's interest eg if she might be going to inherit from her parents anyway they might be able to come on a remortgage with her to release equity and take partner off the mortgage so that he is free to buy again elsewhere even if he just gets say 40% or 30%?

Thanks. Some very interesting thoughts and ideas.
We have legal advice booked...