Can my ex force sale of our family home, jointly owned but not married.

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  • #43933 Report



    I seperated from my ex a year ago, he moved out (he now lives with another women)  I stayed in the jointly owned family home with our 3 young children, the house was up for sale as we’d agreed originally, he doesn’t pay child maintenance as he’s currently paying the mortgage.

    I look after our 3 children, 2 of which are under school age and worked part time. But like many others during this crazy time I have now been made redundant. So I obviously don’t want the house to sell currently as while I currently have no job I won’t be able to afford rent or get a mortgage now. Can my ex force me to sell the home I live in with our children? As he’s pushing for it to sell, I take it so he can buy another  property with his new gf.

    We aren’t married, he has a very good job, and I worked part time so I could raised our children while he furthered his career, which he did so.

    I am looking for another job, but with 3 children and 2 under school age it’s really tough to find one that suits.



    #43941 Report


    You need to get legal advice, i don’t think he can while the children are still living in the property the majority of the time but if he stopped paying the mortgage would you still be able to afford to live there?  If you are unable to cover the costs relating to the property you maybe better renting as you would get help with the rent but you won’t with a mortgage.

    I forced the sale of our property recently but me and the kids had moved out and he was living there alone, if i had stayed in the property he wouldn’t have been able to force me out and my name wasn’t on the mortgage but it was the marital home.  If you were allowed to continue living at the property you would be liable for all repairs to the property etc  I know my ex was told by the judge he was responsible for the upkeep of the property until it sold because i didn’t live there.

    As much as you want to stay in the property you need to work out what would be best for you financially.

    #43967 Report


    Yes I think I will get some legal advise. I only want to stay in the house while I have no job, I’m all for selling the house and pushed for the house to sell alot last year, and since he moved out I’ve been the only one doing all upkeep /maintenance of the property.

    But now I have no job I’m worried what will happen if the house sells while I don’t have an income, so I wanted to keep the house off the market on a temp basis until I found another job.

    #44058 Report


    I am in the same position. My fiancé of 5 years has just left me. I’m 9 months pregnant and therefore if the house is sold at this current time I won’t be able to find something myself and baby.
    I hope you get on ok with legal advice and hopefully this doesn’t happen. It’s about what’s best for the children – surely .

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