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Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 34272
Experience:  25 years experience of all aspects of family law
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I have been split from my partner years. She lives

Customer Question

I have been split from my partner for three years. She lives in family home with my two children aged 13 (twins) and her new partner.
She has had her new boyfriend living with her for two years. The house is on a joint mortgage between me and her.
Can I maker her sell to release equity for me?
Submitted: 2 years ago.
Category: UK Family Law
Expert:  Clare replied 2 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding ob the mortgage?
What income do she and her partner have (so far as you know)
Customer: replied 2 years ago.
The house is currently worth £300k-£320k
Outstanding mortgage is £157k
Earnings for ex partner are £15k
Her partner earning £40k
Expert:  Clare replied 2 years ago.
My apologies - I should have asked - please confirm that you were never married to each other?
Customer: replied 2 years ago.
We were never married. Can i force her partner to buy me out ?
Expert:  Clare replied 2 years ago.
Just to check - how much does a cheaper three bedroom property in the same school area cost to buy?
Customer: replied 2 years ago.
Expert:  Clare replied 2 years ago.
Although under Schedule 1 of the Children Act you are under a duty to help your ex house the children that does NOT mean that you have to house her new partner.
If the house is sold then she will have a good deposit to put down and can obtain a suitable mortgage.
Alternatively they can remortgage and buy. you out of the current property
As a starting point you should try and discuss matters with her using Family mediation
If that fails make it clear that you will make an applictaion to the court for an Order for Sale using the Trusts of Land and Appointment of Trustees Act.
I hope that this is of assistance - please ask if you need further details