Partner left, what happens to house?

[Questionseeksanswer]

I posted this in legal matters but thought I might get more advice on here. I’m asking this on behalf of a friend. She has 2 kids one 8 and one 10. Her partner left a few weeks ago. At first he was saying he would help with the house etc. Now he’s wanting her to sell the house to divide the equity. Does anyone know where my friend stands legally? They are not married. House is in both their names. She cannot afford the mortgage on her own but would also not be able to buy a 3 bed house on her wage if she sold. Especially with house prices as they are. There’s not much equity in the house so she wouldn’t have much of a deposit but her ex seems desperate for whatever is in there. Appreciate any responses I can pass on as she is worried where her and her kids are going to live. Thanks

His interest in the house isn’t going to change. He owns 50%. To stay she would probably be paying the mortgage, capital and interest. He will gain from this and equity growth. In return she gets to stay in the house whilst he rents. When the time comes to sell or buy him out, house prices will invariably have moved on and up. Buying might be still out of her grasp and buying him out unaffordable. It’s rarely the case that these arrangements actually benefit anyone.

For that reason it will only be agreed if there is no alternative way to house the children. If he can establish that it is an option to rent or buy, she will struggle to get a court to agree for her to stay.

My friends parents acted as guarantor for her in this situation and she took on full liability for the mortgage. Her ex wasn't a twat though and wanted his kids housed adequately, just wanted off the mortgage. Can you increase your earning potential? One thing to bear in mind is that a forced sale takes ages so you may have more time than you think. You have fewer rights unmarried but did you for example pay the deposit.

Whether a sale can be forced is governed by this -tolata

www.ashtonslegal.co.uk/insights/news-for-individuals/making-or-defending-a-tolata-claim/

www.irwinmitchell.com/personal/family-law/unmarried-couples/tolata-claims

From my land law class the main reasons would be kids needs that could only be met by that house. (Ie near a specialist school for a disabled child)

S14 and s15 covers this

www.legislation.gov.uk/ukpga/1996/47/section/14

If she can't buy him out, and can't pay the mortgage herself, how will she afford solicitor fees?

Even divorces these days are mostly clean break. I wouldn't get her hopes up about this.

Are the kids the same gender??? What's wrong with siblings sharing a room?

Have you ever seen photos in estate agents where the house looks a tip?
Those are this kind of situation. She can delay delay delay and not cooperate. What's he going to do? Eventually it will end up sold but there's no need for her to rush things right now.
The first thing to think about is paying the mortgage - if he stops and she stops then they default. What's the short term plan there?

I don't get this attitude at all.

Surely it is better for the children if both of their parents live somewhere that's got space for them. Not just their mother.

They could end up with their dad for half of the time and he's going to end up in a bed sit or something if he isn't able to get any money out of the family home.

Actively trying to devalue your own home does not seem like a good plan to me.

He wants to sell the house because he will want to buy another one, remaining on the mortgage to enable the wife and children to stay in the house most likely means he's stuck renting. I know a few people who have done just that for the benefit of their dc but most will want a clean break.

Most divorces are clean break now unless one partner or a child is disabled, or some other special circumstance. How you put a roof over your head and those of your dc is very much your own responsibility, you get a share of assets and CMS where appropriate and other than that you're on your own.

She’s not the wife and there will be no divorce.

It’s literally in the OP.

You'll find that divorce/relationship breakdown does not bring out the best in people.
I've viewed houses where it is clear one party is going to do everything they can to slow the sale. Big hassle to buy from them.

@QuillBill It's a good plan is you're looking to buy your ex out, but if a sale is being forced and you're getting a share of the sale price it's a bad idea.

Many women however are often desperate to stay in the fmh rather than move up somewhere they can afford and take a step down or even off the property ladder.

There are all sorts of tomtoms beating about a house price slump.

It may well not be in her interests to delay.

She needs to take legal advice, because it can in some circumstances be possible to delay a sale, but if she cannot afford the mortgage alone then I think she should be encouraged to think through the options a little more fully. Not liking the properties she can afford solo is unlikely to be a persuasive argument.

After a good wallow, she needs to think about how (and how quickly) she can restore her earning capacity.

Both parents need properties which can adequately accommodate the DC, and a sale of current property with both XPs downsizing is a very frequent outcome unless one can afford to but the other out. Would it be so bad if she established if he could buy her out? Then she gets a lump sum and the opportunity to move on into her new future.

She needs to get CM sorted ASAP

What do you think would be any different if they were married in this situation? From what the OP has said there are no significant assets, unless he has a load of other investments that we don't know about.

The kids are 8&10 so can she work full time and use after school clubs. That might up her mortgage potential.