Would a court rule for a sale of the house in my favour?

[AnonymousFish10]

My partner and I own a home together as a Joint Tenants. We have made the final decision to separate. We live in England. We have two very young children.

Once we’re separated I will pay child support. And it is my intention for my share of the home to either be bought out by her/someone else or for the house to be sold and for us to get out equal split of the profits (there are no other stipulations or agreements that were made when purchasing the home). We have owned the home since 2019.

I have been made aware that there could be a situation, where if she refuses the sale as she currently is, that the courts may stay any order of a sale as we have children who are not of legal age yet. I’ve also been made aware that the house could still be sold as the equity would be sufficient for both parents to set up shop elsewhere, so to say. If it matters, I would not be able to afford my share of the mortgage, child support, and rent for myself.

Our share would be about £60-70K each. Minus any fees etc. of course. So that will give us both enough money to secure a home elsewhere with enough space for our children (even if just rented for the time being).

What is the most likely outcome if my (ex)partner continues to want to take this to court? And what kind of legal fees am I looking at? Also, what scenario could a court order me to leave the house?

Thanks in advance!

You really, really need to know if you are legally married.

We aren’t. There were no legal papers signed. I’ve looked into this just now.

"She’s also under the impression that if the venue we got married in had a wedding licence then our religious marriage by default would be legal? But I’m not so sure this is true. The venue we had our Islamic marriage does have a civil ceremony licence but the only documents we signed were for the religious marriage."

No, that's not correct. If you got married in the UK then a Nikah is not recognised as a legal marriage. You also need to have a civil ceremony as well.

I would strongly suggest that you contact a solicitor that specialises in family law and explain that you had a religious marriage but you have not had a civil ceremony.

Are you sure that you have not also been to a Registry Office on a separate occasion with your wife and two witnesses?

From what you have written, it appears that you are not actually married in the UK. This changes everything and it is a straightforward matter to sell the house.

There was another thread here recently on a similar subject where the couple had not married and one partner wanted to sell the house:

https://www.mumsnet.com/talk/divorce_separation/5003290-partner-wants-to-force-me-to-sell-house

Actually, you don't need to do a law degree to self represent. You'll see lots of threads on here with mums who are doing just that.
Of course you need to mug up on the basics but generally there's plenty of info out there (thelegalqueen springs to mind who covers a bunch of non married split scenarios with kids in her social media) and given there's no marriage involved it's a pretty straightforward scenario ie what happens when two people not married own a house and one wants to sell and the other doesn't.

Courts generally understand if someone is self rep and will take care to make sure the person understands the proceedings etc.
Basically it sounds like you do and want to continue caring for the kids, and you are quite reasonable in asking for the equity due on the house. Don't be scared of the process to get this !

"I have been made aware that there could be a situation, where if she refuses the sale as she currently is, that the courts may stay any order of a sale as we have children who are not of legal age yet."

This might have been the case if you were married - but only "might".

Since you are not married then this does not apply. You are simply two people who happen to own a house together.

That there are children doesn't really affect things. If you were married then it would be different and the court would be thinking about the welfare of the children as the paramount consideration.

"What is the most likely outcome if my (ex)partner continues to want to take this to court?"

Then you will have to make an application under the Trusts of Land and Appointment of Trustees Act 1996 (usually referred to as TOLATA) to force a sale of the home. From what you have said, it would appear that you would have a very good chance of succeeding but please speak to a solicitor first to get advice on your specific situation.

As a previous poster said, you don't need to have a solicitor do everything for you and you can represent yourself but I would strongly suggest speaking to a solicitor at least initially to understand the strength of your case and what steps you need to go through.

And what kind of legal fees am I looking at?

I couldn't possibly answer that question but since the sale of the house is a civil matter (not a family matter) then the normal order in civil cases is that costs orders "follow the event" ie that the unsuccessful party must pay the costs of the successful party. If she insists on going to court and you are successful then she must pay your costs as well as her own.

Also, what scenario could a court order me to leave the house?

If she made allegations against you of abuse and went to the police.

Disagree with the first part of the last post. If you are not married, your ex could make a claim under TOLATA and Schedule 1 of the Children Act to allow her to stay in the property until the children are grown up.

You need proper legal advice. See a solicitor.

@AnonymousFish10 I don’t think £60,000 each is a lot if a women has to go out to work with 2 children under 2. Child care is a consideration and might limit her earnings. Plus you could both eat into savings by being legally represented. You can do it yourself but you need legal advice first.

@AnonymousFish10 sorry I assumed you didn't intend to have 50;50 as you said about paying CMS. You don't need to pay her if the care is split 50:50.

your marriage situation sounds complicated, there sounds like an argument for married & not married. Lots of advice on the thread though.

you need to be fair, but not a mug either.

best wishes!