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Are there any children involved?
Yes we have a 13 year old son who lives equally with both of us although Paul gets benefits based on XXXXX XXXXXving with him.
The basic position is that one tenant-in-common of a property owned with another can apply to Court for an order that the property be sold (or that the other buys them out and takes over the mortgage). These orders are seldom refused unless there are children of the owners who need to be housed and the sale of the house would mean that their welfare would be compromised because they would be in difficulty of that person re-housing themselves in accommodation that is appropriate for the children.
If your ex-partner would be able to re-house himself following sale in a property that is suitable for your son to live there then it is probable that an order would be made for the sale of the house or a transfer of equity (if he can receive a mortgage offer in his own name) because the Courts are not keen on people remaining on the title to a property/mortgage when they do not wish to do so.
You would have to instruct a solicitor to make the application for you and they would write to your ex-partner first in the hope that the situation can be resolved without the need to make an application to Court to avoid the cost/stress.
In the absence of any express agreement to the contrary it is assumed that each party holds their shares equally.
If you ex-partner is claiming that your son lives with him full time and claiming benefits on this basis then he should get in contact about getting re-assessed. It is probably benefit fraud.
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Sorry I have just thought, he runs his internet business from home and is saying that it will cause him a problem as it will be difficult to find anywhere big enough that he could afford to be able to run his business and live as well and seperate premises would cost too much
It does not affect your right to apply for an order for sale. He would have to prove that to the Court in any event and prove that he could not make alternative arrangements. Even then it is unlikely to affect that an order would be made in your favour, though it's conceivable that some time might be afforded to him in order to make alternative arrangement because, as I say, the Courts are not minded to allow persons to remain as registered owners when they do not wish to do so otherwise than in exceptional circumstances (eg. children).
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