Question on occupancy post split

[cosmosforall]

Hi all. So my sister, has remained in the house she bought with her Ex partner for the last 5 years. They have one child together age 13, not married, joint mortgage that she has paid since the split. Ex has rented since then. He now wants his equity ( deposit and prophit) and to be taken off the mortgage. My sister can't afford to buy him out but doesnkt want to sell either. She wants to stay put, with his name on the mortgage till kid is 18.

Any one know where she stands legally?

She doesn't.

That's why marriage is important and not just a piece of paper.

He wants his equity out so her options are to find it from somewhere for him or move and buy somewhere cheaper.

She's had 5 years to come up with a plan for when this inevitably happened.

I feel for her but the law is now on her side here.

He can apply to the Court for an order for sale. She can cross apply under Schedule 1 of the Children Act to delay the sale. It's a horrible and expensive process, with no guarantees and risk of costs. Much better to try to reach an agreement. Could they go to mediation?

That's not true.

The Court has the power to order the property to be sold now, or sold later. The fact that his child is still living in the house is a good reason to delay a sale.

Additionally she cam apply under Sch 1 Children Act for permission to use the house or the proceeds of sale until the child is 18.

She needs a family solicitor for proper advice before she takes any steps.

(My comment was that Pastabest's post was true, not nightlarking)

Was not true. FFS!

So he can then be prevented from getting a mortgage of his own and be forced to remain on one?

Yes, @MichelleScarn, if a court is satisfied that it’s the best way to provide for his child.

It’s not a given, as a PP said, it’s renowned for being an expensive and lengthy process, but I haven’t had much direct experience with it.

it depends on whether with a sale and a share ( maybe 50% maybe more) of the sale whether she can adequately house herself and child if she lives in 4 bed house the answer maybe a 2 bed house or flat is adequate and it needs to be sold if already in a small 2 bed flat she probably could not be adequately housed on a share of proceeds so maybe allowed to stay until 18 however a court case will use money so sensible mediation and negogiation is the way forward

Thanks everyone. Rationally I'm on his side. She has has had a longtime to start coming up with something, and was naive to think that at some point he wouldnot move on. She dumpe him as well. But emotionally I'm trying to support her. With the proceeds of the sale she could easily rent somewhere. But it's their family home - a 4 bed house, with garden and dogs. Renting will be a downgrade. I will suggest mediation. And see where that lands.

She needs legal advice before mediation.