Legal rights 4 July 2022 at 6:31PM in MoneySaving dads 6 replies 647 views

Aqua1985

Family member has left a relationship with a long term partner (not married) 
Have two children together 3/6.
Around 200k equity in the house but the ex partner would struggle to rebuy as low ish salary even with 100-120k for a deposit. 
What rights does he have on selling the house if she is in the house currently with two children? 

Currently he is paying maintenance and half the bills so she can afford to stay in the house but ideally wants this to continue for another 12 months max (done a year already) 
Both co owners in the property but not in her interest to really move on with a sale although she has said she is open to this. 

He will seek soliciters advise should the currently amicable setup turn sour but just wondered what is the “normal” status quo? 

Scorpio33

https://www.citizensadvice.org.uk/family/if-you-were-living-together/what-happens-to-your-home-when-you-separate

If you're both named on the title deeds

If you're both on the title deeds, it means you both own your home. You'll both need to decide what happens to your home.

You might both own the whole property together - known as 'joint tenancy'. You might own the property in joint names but you each own a specific share of its value - known as ‘tenancy in common’.  If you’re tenants in common your shares might be equal - for example, half each - or unequal. You can find out what kind of joint ownership you have on GOV.UK.

If you can't agree what happens to your home

You can go to mediation to help you reach an agreement. You can find out more about mediation.

If you’re married or in a civil partnership, the court can decide what happens to your home in your divorce. You can find out more about your options.

If you’re not married or in a civil partnership, you can ask the court to decide what happens to your home. The court will usually divide your home’s value between you according to the shares you own. If you have children, you might be able to ask the court to delay selling your home until your youngest child is 18. You’ll need legal help to do this - you can find a solicitor on the Resolution website.

Aqua1985

Scorpio33 said:

https://www.citizensadvice.org.uk/family/if-you-were-living-together/what-happens-to-your-home-when-you-separate

If you're both named on the title deeds

If you're both on the title deeds, it means you both own your home. You'll both need to decide what happens to your home.

You might both own the whole property together - known as 'joint tenancy'. You might own the property in joint names but you each own a specific share of its value - known as ‘tenancy in common’.  If you’re tenants in common your shares might be equal - for example, half each - or unequal. You can find out what kind of joint ownership you have on GOV.UK.

If you can't agree what happens to your home

You can go to mediation to help you reach an agreement. You can find out more about mediation.

If you’re married or in a civil partnership, the court can decide what happens to your home in your divorce. You can find out more about your options.

If you’re not married or in a civil partnership, you can ask the court to decide what happens to your home. The court will usually divide your home’s value between you according to the shares you own. If you have children, you might be able to ask the court to delay selling your home until your youngest child is 18. You’ll need legal help to do this - you can find a solicitor on the Resolution website.

Thanks for this but was seeing if anyone had any real world experience as such?

What was the outcome when you went to court and one party (mother) didnt want to sell ?

How long did the court let the house not be sold etc?

Scorpio33

The reality is that the court will do what's in the best interests of the kids - ie: won't force a sale until the kids are 18. They will also take into account earning potential of both persons, but every judge is different. Saying that, unless there is any evidence of domestic violence, then nothing stopping both partners living there together to try and "encourage" the other one to move out (or agree to a sale).

Legally, it is half hers, so I doubt anyone could force her to sell her share anyway. It also depends on how the property is owned - if it is a joint tenancy or they are tenants in common. If its not a joint tenancy, it may be possible to sell his half, but it is a legal minefield.

The best option is to agree (amicably) what happens and get a legal agreement to that effect.

Otherwise seek legal advice.

RAS

Reading a lot of the other threads on here about couples who are divorcing, the idea of protecting the family home until the children are adults no longer flies. And the idea of either spousal maintenance or financial support beyond the CMS no longer applies long-term, perhaps for a couple of years whilst the resident parent re-establishes their career.

Divorce courts typically expect a clean break, which often means the house being sold. If they were married, the ex might well get more than 50% of the equity, particularly if the other party has a good pension to off-set. It may be reasonable to ask the departing parent to consider holding off until the youngest is in full-time education, as that makes it easier for the mum to work, albeit, it's darn hard work.

A lot might depend on whether he earns a good income as some mortgage providers will consider CMS payments as income in addition to employment. And whether he's prepared to use some of his leave each year to cover school holidays so she can work longer?

TBagpuss

Scorpio33 said:

The reality is that the court will do what's in the best interests of the kids - ie: won't force a sale until the kids are 18. They will also take into account earning potential of both persons, but every judge is different. Saying that, unless there is any evidence of domestic violence, then nothing stopping both partners living there together to try and "encourage" the other one to move out (or agree to a sale).

Legally, it is half hers, so I doubt anyone could force her to sell her share anyway. It also depends on how the property is owned - if it is a joint tenancy or they are tenants in common. If its not a joint tenancy, it may be possible to sell his half, but it is a legal minefield.

The best option is to agree (amicably) what happens and get a legal agreement to that effect.

Otherwise seek legal advice.

This is not correct where the parent sare not married, and even where they are married is not always the ca e as thr childnre's interests are only one of the factors the court has to consider.

As they are not married, the application to the court would be under TOLATA, and the court would simply look at who is on the deeds, to determine what sahares each party is entitled to. They would typically order a sale unless either party is able t buy out the other. 
If court proceediings are necessary it could easily take another year.

IF he hasn't already, he should ensure that he tkaes his name of fthe bills - get the utility companies to send final bills in his / joint names. That way, while he can chose to contrinbute to help his ex and the childnre, he won't be legally liable to the utility companies / council tax etc.

I would suggest that he sees a solicitor and gets a formal etter sent - at this stage probably porposing that the houe is valued and placed on the market , suggesting 3 agents to view and value.

He might have them include something to say that while he has been paying towards the bills on top of his maintence for the childnre he can't continue to do so long term so she will need to make plans to cover all outgoings. If she doesn't respond then the next step might be to state that he will be stopping those extra payments but would be willingto reinstnace them IF the house is simmeidately put on the market and actively marketed.

If he needs to go to court then he will need to get a proper letter before action sent and to follow his solicitors advice.

Most lenders will include child support as part of a persons income, provided it is recorded formally (e.g. assesment by CMS, Court Order, possibly formal written agreement) and will also take account of UC so her borrowing caacity may be higher than she thinks. 

elsien

There’s a lot of misinformation turns up in here about the house not being sold till the children are 18 and that’s just not necessarily the case. I do wish people would stop saying it.