Can I force my partner to sell house?

Hi, looking for some advice please.

I have just split up with my partner. We're not married. We have two children, who will be living primarily with me after the split. We co-own a house as joint tenants.

Neither of us can afford to live in the property without the other or to buy each other out. He refuses to move out to stay with family or rent. I will also not move out since I am going to have the two children with me, and I can't afford it anyway.

Therefore the house has to be sold. However, he is saying he shouldn't incur the cost of selling because it is against his wishes. He wants me to pay the legal fees, mortgage early repayment fees, and estate agent commission.

Can I force him to sell without agreeing to his terms?

You don't have to agree to his terms. Then, you don't need to force him to sell. If and when you come to complete the relevant sections of form E then the value of the assets will be considered and this will include the costs of sale - in theory at least. What will happen is as you decide to bash out between you - or reach amicable agreement to - alternatively what the judge decides.

From what you say, the property doesn't sound to be sustainable as a sole occupant so it may have to be sold.

You've stated you're not married. Only child maintenance would be due.

I think you won't need to go through courts or financial settlement. I would recommend settling by both parties attending mediation.

How old are the children? Where are you planning to live?

As you are not married, it is property law that applies. Did you have any deed of trust when you bought the property setting out what would happen if one of you wanted to sell?

You could use the Children Act to allow you to stay on the house until the youngest is 18.

Hadenoughnow