Friend split form partner, kids and house to sell

shopaholicjules

Evening
I'm hoping someone can give some advice to pass on to my friend.
Her and her partner who had been together 12 years and have a nine year old child and split up over new year. She also has two children from a previous relationship. The night it ended he became violent.
They bought the house from her parents for a knock down price which is documented, she paid the deposit from a house she sold which was nothing to do with him and paid for things that needed doing in the house etc, he came with nothing but it is a joint mortgage.
Ever since the day they split, he is harassing her for money form the house, she has done as he asked and got four valuations etc.
She went to see a Solicitor who said the law has changed and due to them not being married, she does not have the rights to stay in the house until their child finishes school.
Then house has been valued at between 140-160k
After what they owe, there is 90k profit, he is saying he wants a straight 45k.
What she is saying is that she paid all the deposits etc which she wants to take off, the roof needs replacing which she has had a quote for plus other amounts to take into account.
She ideally would like to remain in the house to save uprooting the children after what has already been a difficult period but he is saying you either give me 45k now or it goes on the market.

Can he do this, would she be best telling him to go to a solicitor to make her put it on the market, is there anything she can do.
She does want to pay him a fair amount but not the 45k he is asking

Any advice greatly appreciated

Jules

duchy

She needs a good solicitor to advise her -especially as the mortgage (and presumably the deeds) are in joint names.

Can she afford to pay the mortgage on her own ?

HappyMJ

As said by duchy...a solicitor will be able to negotiate a fair settlement.

pollypenny

Yea gods! I thoughts he was selling the kids!

meritaten

me too! I was wondering if the kids and house were being sold together!

malmesbury_2

meritaten wrote: »

me too! I was wondering if the kids and house were being sold together!

Love it!! .... I thought the same!!

fed_up_and_stressed

pollypenny wrote: »

Yea gods! I thoughts he was selling the kids!

Buy one get one free chuckle !

shopaholicjules

Maybe he would if he thought he could get a good price

She can afford to stay there as long as she doesn't have to pay over the odds to him.
I know he will really fight her for every single penny albeit on the night they split he had her by the throat, horror
He wants every item of furniture etc in the house splitting as well, there is no thought that she has 3 kids

Jules

duchy

Best thing is to let the solicitor negociate everything.......and if she hasn't got advice from Women's Aid who are very used to advising not just on getting away but advising with situations like this, access issues etc which are all part of the splitting up and moving on process.

RLH33

The father has a responsibility to ensure his child has a home and that could be by them staying in the house until they are 18.

She needs to see a good family law solicitor, my unmarried friend is going through this at the moment and one of the options when it went to court was for her, and the kids, to stay in the house - so it is possible. In fact it was decided that he had to buy a house for them until the youngest was 18.

shopaholicjules

Thanks
She did speak to Womens Aid at the time, he is seeing his son every few weeks.
RLH33 - She was told by a solicitor due to them not being married, nothing can be done about her having a child, apparently it used to be the case, but not now.
He doesn't have to let her stay there until the youngest leaves school which is a shame

Jules