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Tenants in Common

8 replies

Reasonstostayalive · 04/03/2020 08:30

Hello
I need little advice before I think about consulting a solicitor
I jointly own a house with my ex (never married) and live there as agreed with 2DC until the youngest is 13. He is now 10. He would come to the house every other weekend to see them and I would visit friends.
I pay the mortgage and all running costs and have for 2 or so years.
He met someone 8 weeks ago and wants to live with them. And wants to sell the house. I know he can force this to happen via court. But do I have any rights at all?
He has never paid maintenance (I know, I know) and I would like to ask if it is possible to go to court and see if I could have more of the share I already have in the deeds, basically in lieu of maintenance.
Am willing to accept the very real possibility I can't and I don't have funds for any kind of legal fight. He has bank of Mum and Dad.

As an aside - I will take to move away and my children leave schools etc.
Thanks

OP posts:
SW16 · 04/03/2020 08:42

You need to provide a roof over the children’s heads so that often counts towards a greater share of the equity.

Can you prove that you have paid the mortgage over xxx years?

You do need to speak to a solicitor. Gather all your facts succinctly, when bought, who paid what in terms of deposit and mortgage over the years, and what the contract says in terms of the proportion owned.

Take it all to a lawyer and find out what could be winnable and if it can be sorted out be mediation.

LaurieFairyCake · 04/03/2020 08:50

Do you have the agreement written down (even a text or email?) that says you've agreed til youngest is 13?

When I got divorced I needed to stay in the house as long as possible so my solicitor told me not to respond to any letters and it would take at least 2 years to go to court- not sure if that's true now, mine was over 20 years ago.

zsazsajuju · 04/03/2020 08:51

Are you in England? I think it’s possible to make an application under schedule 1 of the children’s act but it’s probably a long shot. Enforce the maintenance ASAP. You are unmarried so don’t have any claim on each other’s property.

WhatHappenedThen · 04/03/2020 09:05

Sounds like you need proper legal advise

Collaborate · 04/03/2020 10:39

SW16 has answered as if you are married and could claim an enhanced share of the property. You can't.

He may have trouble forcing the sale as there is a minor child living there, so you may get to remain there until the child finishes his secondary education. You need to take some legal advice.

welshladywhois40 · 04/03/2020 11:03

I assume he wants to force the sale now to get equity to buy again. Do you have any idea how much equity he thinks he can get and could you remortgage to buy him out?

Might be worth getting a feel for prices and house market locally. Are houses falling, struggling to sell and thus you could strike a deal?

The more you can do directly and find out why he is really after will avoid court

Reasonstostayalive · 04/03/2020 11:30

Unfortunately I'm in an area where house prices are stable, if not increasing. A 3 bed here is upwards of £800k, well out of my reach. He has no intention of buying a flat to house the children with separate beds so that solves that issue for him. There is about £450k of equity in the property and obviously would have to minus fees etc.
I think a solicitor is 100% my next step.
And thank you to those how have replied so far.

OP posts:
Reasonstostayalive · 04/03/2020 11:33

To add, I wouldn't get a mortgage in my wage in London. Unless it's a one bed flat.
I realise the equity I would get would buy outside of London but I can't move my children away from their home/area. They've been through a huge amount in the last two years which no child should go through and I don't think they would cope emotionally right now.

OP posts:
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