Unlike married couples cohabitants don''t have any rights to make claims against each other. The starting point is property law and the property deeds. Unless stated differently it''s assumed joint owners have a 50% interest. Your ex-partner needs your agreement to sell the property or an order for sale from the court.
There is no right under the Children Act 1989 to stay in a property. However, it is possible to ask the court to make a property available for the children to live until they reach maturity. Regard is then given to the financial resources of both parents and there is no certainty that the court will make an order.
Legally the situation for cohabitants is complicated and you really need advice from a family solicitor. The legal fees for court proceedings in these cases aren''t insignificant so it is worth negotiating or mediating if at all possible. If you make an appointment ASAP with a solicitor they can send letters on your behalf pointing out the legal position to your ex-partner and the estate agents.
That is string advice.. I have for many weeks now asked to see someone together my ex even used we can try to make it work while the house is being sold .. and now i can see it is just to keep me quite while it is sold and i am then homeless.
today i have just emailed a solicitor with all the facts.. I would be happy to buy him out, I need time to find a job to do that, the buy out, as he wants more than what the house is worth has to be right.
asking the court to make my property available for the children to live until they reach maturity or even 5 years when my son is 10,sounds a great opption.
He is on alot of money clears 3 1/2 k a month and he refuses to even give our son 50p a week pocket money!! he isn''t renting right now but living at his parents which he is happy to do so and has no plans to buy another property if this one gets sold.