Can unmarried co-owner force a house sale after separation with child involved?

[welliesandbellies]

Can anyone give me some basic advice for my friend?

He was in a relationship with a woman, not married, but they have a child together.

They bought a house together. He owns 70% share, and paid the full deposit. She has a 30% share. They have a joint mortgage and I believe that this has all be drawn up legally and properly.

The relationship has broken down and friend has moved out and lives with his mother. They share childcare.

• The ex-partner is now refusing him entry to the home.
• She is now saying she won't allow a sale.
• She says the law will be on her side and allow her and the child to stay in the home until child is 18 (currently age 9).

None of the above feels right to me. Neither of them have funds for a solicitor, although they do both work.

I've looked for some 30-min free advice, but in the meantime can anyone give me a steer as to whether she has any grounds?

Thank you in advance.

Look up TOLATA house sale.
Yes he can force sale
No she does nit have a right to stay there child can move house

He just needs to go see a solicitor. He can force a sale but it will require court order. They are not married so to be honest she's got limited rights. There's nothing that says the child has to remain in that property.

Your friend needs to tell ex that she must pay 30% of mortgage. If she does not the 30% paid on their behalf will come out of the 30% profit. Need to force a sale, no way can she just stay there for years to come.

I believe he can make an application to the court for an order for sale. She can’t refuse him entry if he owns the house, unless she has an injunction for example. She doesn’t have a right to stay there until the child is 18. He needs advice from a family law solicitor.

Your friend should be entitled to get into the house, his ex can't refuse entry as it's his home too but unfortunately only court order will enforce the sale. A good solicitor is worthwhile, citizen advice office may be able to point him in the right direction.

He needs to move back into the house first, before he does anything else. If he is on the deed, she cannot refuse him entry.

Even if he has to get a loan, he needs legal advice that can be enforced.