Hi,
I've had some really helpful information from here in the
past when I went through my own divorce and wondered if anyone could
clarify the position for a male friend of mine wanting to release his share
of the equity from a house he jointly bought with an ex-partner (they never
married)
They have 2 children (age 10 & 14) and when they split
she stayed in the family house and took over the mortgage payments. His
name is still on the mortgage but she changed the tenancy from joint
tenants to tenants in common.
She won't entertain buying him out
and claims she's entitled to the whole house plus
child maintenance (which he is already paying via the
CSA)
They had initially discussed a settlement giving her his
equity share in lieu of child maintenance as the figures where about equal
but she later changed her mind & decided she wanted both.
He's
been advised that he could force the house sale but is it correct that the
house can't be sold until the youngest child is 18?
If she
decides to sell for her own reasons, the understanding is that she would
need his agreement & signature for the house sale to proceed. Would he then
be entitled to his share at the end of sale? After conveyancing costs
etc.
His ex has had another boyfriend for a number of years and
they have a year-old baby but claim not to live together - he "stays over"
3-4 nights a week.
Is this another way she can stop the house
being sold? If so, what is the legal definition of
cohabitation and can it be
proved?
Any thoughts/advice much appreciated
Forum 
England and Wales 
