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Legal matters

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Rights regarding home

12 replies

HSL · 09/09/2024 07:36

Hi, I have a strange situation in that my partner left 3 months ago and I haven’t heard from him since. I am presuming it’s mental health issues but he’s chosen to cut off my two kids too. He was their step dad as their own dad has nothing to do with them. Been in their lives for 8 years.
My name is on the house deeds but he owns most of the property. I feel like a sitting duck waiting to hear that he wants to sell the house.
I was wondering what my rights were when I have kids but they aren’t his and we weren’t married? Does it still apply that as dependants are living here that potentially a sale can’t be forced? My plan is to try and get back on my feet over the next 4 years to afford a mortgage otherwise I can’t afford to move. It’s their home too however legally I don’t know where I stand.
If he did force a sale does anyone have any experience of this and a potential timeline to go to court etc?
Very stressful times and appreciate any advice. Thankyou

OP posts:
DustyLee123 · 09/09/2024 07:37

Are you both named on the deeds? What do you mean by he owns most of the property?

DustyLee123 · 09/09/2024 07:38

Make sure you keep records of anything you pay for the house while he is AWOL

SheilaFentiman · 09/09/2024 07:40

Do the deeds say he owns 75% and you own 25% etc?

Yes, he can absolutely require a sale - it’s quite rare that dependents can stop a sale being forced for a lengthy period, even in a divorce when the children are those of both parties.

HSL · 09/09/2024 08:09

Yes tenants in common so there’s roughly that split. How long would it take do you think?

OP posts:
HSL · 09/09/2024 08:11

I am yes and taken over the running costs

OP posts:
SheilaFentiman · 09/09/2024 08:33

Without wanting to alarm you, have you heard about him if not from him? Could he have been in an accident?

Is there a mortgage on the house at the moment?

HSL · 09/09/2024 09:53

Thanks no I know he’s around. It was complicated and he knows he really messed up so hiding as he can’t find a way to be accountable for it. It’s tricky to communicate with him as he has mental health issues and can be quite triggered over the littlest thing.

OP posts:
HSL · 09/09/2024 09:54

There’s no mortgage no. He took one out on a flat he owns to pay for his share of the house we bought together.

OP posts:
SheilaFentiman · 09/09/2024 16:26

A quick google on CAB suggests that you might need to go to mediation about what happens to the home before approaching court.

However.. given at present he has disappeared, I would try and save as much as you can each month, on the assumption that sooner or later he will want to sell the house and it is unlikely a court would give you anything like 4 years.

HSL · 09/09/2024 17:54

Yes I think it will end up as mediation. It’s a very strange situation as he has left most of his things behind. He can’t face the situation I guess so I’m leaving it a bit but need to be prepared

OP posts:
SheilaFentiman · 09/09/2024 19:36

But I think mediation is the step that the court will want to see - I don’t think there is an outcome where you get more than the share you have on the deeds or get to delay a sale. It’s just when he gets his head together (which may yet be months!)

ElderMrs · 09/09/2024 19:41

HSL · 09/09/2024 08:09

Yes tenants in common so there’s roughly that split. How long would it take do you think?

Yes he can force a sale. That would probably take 6-12 months however if he were to take you to court.

Having children in the home that are not his do not put you in a stronger position unfortunately.

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