House/ Separation.

[Daisy12Maisie]

Hello.

I have told my friend to get legal advice regarding this but she has said she doesn't need it.

She owns a house with her ex partner. They each have some equity in it. Not a lot.

He wants her to sell the house so he can have his share.

She has said she is not selling.
The thing I'm worried about is she is saying that legally he can't make her sell until their 3 year old child is 18. She can afford to pay the mortgage and bills on her own if he pays child maintenance. He earns about 30 grand a year.
I have had a quick google and I just don't think this is true that he could be prevented from getting his money out of the house for 15 years because she doesn't want to sell.

They aren't married.

If anyone could signpost some legal advice I could send on to her that would be appreciated. She asked if I could find anything online about it but then said she knows she won't have to sell. I'm worried about her for various reasons so if I could have a definitive answer to this that would help. She earns more than him. About £53000. He can't have their son more than 2 days a week and those days have to be supervised.

Are they tenants in common?

Is she in England?

If she is then she’s wrong. Mesher Orders are very unusual these days and you’d need special circumstances like child is taking A-levels so mum needs to stay in house for 18 months until exams are over.

She needs to either pay dad his share or sell house, split the equity and find somewhere else to live.

He can't have their son more than 2 days a week and those days have to be supervised.-

Is that on her say so or is there an actual reason like he’s on the sex offender’s registry ?

She can and eventually will be forced to sell it but he would have to get a court order which will take some time. Practically she should try to buy him out

Meager orders are only possible when the parties are married. They are not in this case.

They’re not married so she has very little rights. She won’t be able to stay in the house, she’ll have to buy him out or sell.

Surely the answer if for her to buy him out?

He absolutely can force her to sell.

Thanks for the replies already.
He can't have the child unsupervised due to a mental health situation. I can't say much more but basically it's agreed by all it wouldn't be safe. He had no mental health issues before their child was born but he has just found family life too much so cannot look after the child apart from with help. He is supervised by a family member and is receiving counselling and treatment.
They are in the Uk. Neither of them can buy the other out of the house. The only option (I think) would be to sell or for her to agree to buy him out when she can.

I'm not sure if they are tenants in common.
I also think she should make a clean break because if, for example she pays to maintain the house for the next however many years he would then be entitled to half of it when she had paid mortgage etc on her own. At the moment there isn't much equity in the house and if/ when they sell they will have to pay an early redemption fee of about 5 grand.

I don't think she is thinking clearly at the moment as the escalation in his mental health and the separation has been recent.
She cares about him and wants what is best for everyone but I think this idea that she can stay in the house and not buy him out is unfounded. I did tell her that but she wont believe me unless I can send her some law.

Someone has sent me a private message actually so thank you but I'm not sure how to access it. I'll have a look when I can.

Following as similar situation