I want to buy my DP out of house, am I entitled to do this?

[Isthisnormalorisitme]

Long story. I have had a conference with a barrister and solicitor, who have advised me to get an emergency court order so I can leave the house with our son. There has been ongoing emotional abuse, which I fear is damaging our son. I don't really want to go down the legal route.

He wants to buy me out and have custody our son, I want to share custody.

He is not in a position to buy me out, but after making some enquiries, I can be.

Can I insist? I'm guessing no.

How is the house owned?

You can legally force sale of the house and I'm not sure he can stop you buying it...

I am a little wary of my solicitor, I paid her £2k as a holding payment for fees, before lockdown. I asked for a summary of charges but have received nothing?

House is jointly owned. I just want the easy option! I know I will have to pay stamp duty

Have you chased by phone?

I'm not a solicitor but what does matter is how the house is owned between you - deeds in trust, deeds in common, 50:50 share etc?

Don't you want custody and the house? that's what I'd be asking for.

If he is abusing you file for a non-molestion order

Yes I want custody and the house. But want to buy him out

We are joint tenants

I tried to leave before we bought the house but backed down unfortunately

It's not bad enough for non molestation order, has been ongoing for years. Quite subtle but controlling. GP has records from 2008. She says it is textbook coercive control.
I just want a nice safe home without fear of shouting etc

Don't worry about the bloody house just now. I'd get a non-molestation order first and worry about the custody first.

So you want him to leave the house? Sorry but that's probably not going to happen easily or be the easy way out. I'd chase up your solicitor again.