staying in house after separation

[suchard]

Separated from partner 15 months ago - house in joint names, I still live here with two sons (7 and 9). Ex -partner still pays mortgage. He now wants to sell house, and I can not afford to buy him out. Can he force the sale? Were never married, and should sale go ahead, there would probably be enough for us both to buy something modest, ie 2 / 3 bedroom house, assuming a 50/50 split, or am I likely to get more? (house deposit and mortgage has all been covered by my ex). Also, what constitutes adequate housing for me and the boys in the eyes of the law?

I'm not a lawyer, but if your ex paid the deposit and all of the mortgage, and you're not married, I'm not sure that you're entitled to anything, far less a 50/50 split. I hope someone has more cheerful advice, though.

OldLadyKnowsNothing, she has stated the house is in joint names so I cant see her ending up with nothing.

Can you get yourself off to the Citizens Advice Bureau or to one of those solicitors who offer a free haf hour session,I thought that children had to be provided for after a break up regardless of whether or not their parents were married.

I would hope you're right, bubbles4, but if OP paid none of the deposit, and none of the mortgage, I can't see that's she's entitled to 50% of the equity. It's possible she and the children will be allowed to stay there until the youngest is 18, with the ex paying the mortgage, but I can't see that that confers any capital entitlement.

There have been cases in the past where P1 has paid all the mortgage, with P2 paying bills etc, but it was decided that P2 would have had to pay rent/mortgage/bills in her own place anyway, so paying the bills in his did not give her an interest in the property.

It's possible the law around this has changed since - as I say, I'm not a lawyer - but I'm just warning the Op that there may be more to this than she thinks.

yes he can apply to court under trusts of lands act to sell - which starts on princiole of 50/50 unless ther eis proof that one person paid more into it etc....

however you can apply to court under childrens act for bigger share of equity to house the children eg if you have residence order in their favour or if ex agrees they reside with you. you need to talk to solicitor.

about trusts of land act and childrens act .

Thanks for the advice so far. I am just a little uncertain about the likelihood of preventing the sale or getting more that 50% based on the fact that I would be able to buy a 2/3 bedroom house nearby, albeit much smaller and in a less desirable area, if I did get the 50%. Ex partner will not be paying mortgage for much longer. I am the parent with main care, but boys see him regularly and stay every alternate weekend. Citizens Advice were of limited help.

You're going to need a proper solicitor, I'm afraid - have a look for Legal Aid lawyers who offer the free half-hour initial consultation - but beware of contacting them by email!(A poster here was billed rather more than she expected when she tried this!)

As you are unmarried the ownership of the the property is determined by property law, the Trusts of Land and Appointment of Trustees Act 1996. When the property is held in joint names it is assumed that each party holds equal shares unless the deeds state differently.

Yes he can force a sale. Even if you apply to remain in the house with the children he doesnt have to pay the full mortgage to enable you to do so.

A clean financial break is often for the best.