Ex reducing to sell

[WingingItAtLife]

Hello,
Lots of questions.
Yes I'll be seeking legal advice, but just wondered if any of you have been through it.

Let ex 6 weeks ago, I left the home with 2 kids because the atmosphere was awful for them to be in - barely any communication except arguing for a week. Lots of things wrong in the relationship.
Me and kids living at my parents.
Ex refusing to leave the home - shared mortgage in both of our names.
And also being awkward about putting up for sale.

So.....
If I decided to apply for an occupation order... How likely is This to be ordered, given the fact I willingly left the house? Would it state that he couldn't turn up unannounced? (I honestly wouldn't put it past him just to be awkward)

If I applied for an act of division and sale, roughly how much does this cost and what sort of time frame?

Also, I'm concerned that due to me being a home owner, my UC will stop after a few months (I think I read you can claim UC for 6 months after a leaving an owned home before the equity is taken into account). Anyone know anything about this?

Thanks x X

You have disclosed no grounds for the court to exclude him. An occupation order can ensure he cannot stop you returning, but it's a different matter entirely forcing him out. You don't need to prove violence, but an unpleasant atmosphere isn't enough to force someone out of their home.

If I applied for an act of division and sale, roughly how much does this cost and what sort of time frame?

Assuming you are unmarried, would take around 12 months to get to final hearing, though you must take legal advice. You might get to stay in the house until the children grow up.