Can I force ex partner to sell our home?
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@Nilo right but that will cost for a solicitor wonāt it? I havenāt got any money š Iām currently waiting for benefits to come through so canāt afford a solicitor š
Yes you would need legal representation. Some agencies offer free services.
Sorry I forgot to mention this is if you live in the US. I don't know what the laws are for other countries
Are yall married by chance?
@Jessica no we arenāt married š
@Nilo oh ok š I donāt think I can get any free legal representation š
You can get free legal representation, you will have to do your due diligence & look for it. For example, some solicitors will take a fee once the sale of your property has gone through. This is good because itās not an immediate out of pocket expense to you & is also a big incentive for them to see through your financial affairs so that they get paid. But bottom line, if your name is on the deeds, regardless of him paying the mortgage payments, you are entitled to half. As a SAHM you arguably have more rights as your full time job has been looking after your children & it is a recognised occupation and role. You have a lot more rights than you think and on the contrary, the mother is always heavily in favour. There are many places you can call up & even get free advice just over the phone. Get googling, get calling, proactivity & getting yourself informed is and has always been the best super power. Donāt lie down & take this, be strong & youāll be absolutely fine, best of luck š¤
@Hannah thank you so much for that! I did speak to citizens advice who said I wouldnāt have a leg to stand on because heās paid the mortgage and we arenāt married. She said I wouldnāt be entitled to legal aid either as itās a property matter š
I can only somewhat help. Iām not an attorney so I canāt provide legal advice (however, I do work in Family Law). My suggestion to you is to seek a consultation with a Civil attorney or even a real estate attorney to see your rights on property division. I would trust a local attorney to help and see what they have to say because they will be familiar with the local laws and legislature and see if you can be protected.
Whatever you do, do NOT leave the house (unless you are in danger obviously) If you both are on the deed then you both own the house. It doesn't matter who pays for it. You also contributed to the house financially by handling child care and household responsibilities. Even if he is the one who moves out, he will still have to pay because it's also in his name and it will be bad for both of you otherwise. In the end, if he doesn't want to pay or get his credit hit, you staying there will force him to sell OR he can buy you out for half the value of the home. Be aware, He may decide to stay and then you two will have to live like roommates until one of you folds
I was with my ex for 12 years (not married) and we owned a house. I was a SAHM for 4 years and he paid the mortgage, yet he had to buy me out when we split as he didn't want to sell the house (I moved out with my kids). I had no job either, but I got one and got a place to live, so you need to start preparing as you will absolutely have to pay a solicitor either way
All I know- if your name is on the deed, itās 50/50 ownership. They donāt care whose bank account it comes from. He canāt sell it without you and you have every right to stay there.
@Kimarys itās emotional abuse at this point though š heās making my life hell so I donāt want to live here anymore. Do you know if I leave, does that give him more rights or not? Heās definitely not wanting to move out or sell up.
@Rebecca really? Heās refusing to buy me out and refusing to move out Iām just so stuck š Iāve been a stay at home mum for a long long time. Iām not in any position to be paying for solicitors either š
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@Amie the solicitor on the phone told me different š heās reusing to sell and wants to stay here
No. You can't. A judge could order that. But you can't force it otherwise. You can go through court self represented. You can get free legal advice from a bunch of places (try your closest University) but free representation is harder.
Since you are not married, from what I recall leaving gives him more of a claim. Do your best to ignore him. Don't cook for him, don't clean up after him, don't talk to him unless it's necessary and the moment he starts to be disrespectful you should walk away. Don't leave. He can't force you out so you staying will put pressure on him
@Kimarys does it really? This is what Iām scared of š but I canāt live with him any longer either
If you are both on the deed then you co-own the home regardless of who paid for it. You can file a partition lawsuit to force him to split evenly, either you sell and split the funds or he can buy out your half