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tennants in common, splitting up, child involved

Me and my partner are splitting up.
WE have a 11 month old baby and obviously this will have a large effect on the sale of the house.

we are tennants in common 50/50 allthough i put down 7k depost and she put down nothing.

There is also a case of domestic violence logded against me in which i accepted a caution to avoid going to court. Basically i grabbed her to remove something from her hand. I was wrong and it is not something which i hope will have an effect.

The house is worth roughly 20k more than when we brough. Can i force a sale even though she will have custody?

Many thanks for your help on this in advanced. I have a funny feeling im going to get nothing :(

she claims to have contacted a solicitor and I obviously will be doing so in due course.

She is also limiting access currently even tho we live together still by taking him off me and making it difficult to get any time with him.
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Comments

  • You might have to face the fact hat the house can't be sold until your son is of school-leaving age unless you both agree to it. Your child needs a roof over his head whatever happens. Is your wife in a position to either buy you out of the property or buy another one on her own?
  • http://homebuying.about.com/od/marketfactstrends/qt/0207TinCommon.htm

    info on all pertaining to tennants in common
    1. i'm bi polar.:rotfl:2. carer for two autistic sons.:A 3. have a wonderful but challenging teenage daughter.:mad: 4. have a husband that is insatiable. :eek: 5. trying to do an open degree.
  • my brother has one daughter living in a house held in common with me, if i decide to sell the age of my neice is immaterial, kids and their parents are evicted all the time, just because they own half a house doesnt give them legal rights to stop sale.
    1. i'm bi polar.:rotfl:2. carer for two autistic sons.:A 3. have a wonderful but challenging teenage daughter.:mad: 4. have a husband that is insatiable. :eek: 5. trying to do an open degree.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    my brother has one daughter living in a house held in common with me, if i decide to sell the age of my neice is immaterial, kids and their parents are evicted all the time, just because they own half a house doesnt give them legal rights to stop sale.

    I think you might find the rules are different if the sellers have obligations to the dependant child.
  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Even if you say that the house has 20K equity it means absolutely nothing as if the house goes on the Market its
    likely that an offer might be 20K below the asking price anyway, so no euity at all. see what I mean.
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • really, oh, well i thought that tenants in common was different to just co habiting or married rules of ownership, as it shows a financialy agreed division at instigation.

    but if its different then i appologise.
    1. i'm bi polar.:rotfl:2. carer for two autistic sons.:A 3. have a wonderful but challenging teenage daughter.:mad: 4. have a husband that is insatiable. :eek: 5. trying to do an open degree.
  • ok, half way down this adobe link it mentions dependant children
    http://www.hodgehalsall.co.uk/page_image/Cohabitation%20Guide%20August%202010.PDF
    1. i'm bi polar.:rotfl:2. carer for two autistic sons.:A 3. have a wonderful but challenging teenage daughter.:mad: 4. have a husband that is insatiable. :eek: 5. trying to do an open degree.
  • toothe
    toothe Posts: 76 Forumite
    thanks all. basically all i want it whats best for me and my son.

    i have an arangment with my sol this week.

    i imagine im going to get nothing. will i still need to pay half the mortgage. how dos tihs bind should she fail to pay? will it effect my credit rating etc...

    will i be entitled to live here if i pay 50%?

    all so stupid it seems
  • toothe
    toothe Posts: 76 Forumite
    McKneff io agree. id buy it out now at wheat we payed, id buy it out now at 20k more and have the financial power to do so. bu i dont nkow where i sit in forcing sale
  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Jus to and see your solicitor. Thats the best advice anyone can give you.

    Im sure you wouldnt want to see your son homeless.
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
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