please help....my partner is possibly deciding (or having the decision made for them) to sell our home as they have a large sum (which we could never afford to pay) in the property but I have an adult disabled son who lives with us and a ageing sick parent.
We would all be homeless (as I am not eligible for counsel housing) if this was to happen.
We were not married and have been in the house less than a year which has been kitted out for the various disabilities etc. and I no longer have access to any funds (for a legal battle) though my partner has a lot of money. Please supply possible durations / cost if possible if it is legally possible to force a sale.
Can someone please advise...
SUMMARY: CAN SOMEONE WITH A SHARE IN A PROPERTY FORCE ITS SALE?
If you are not married he would have to use sections 14 and 15 of the Trusts of Land and Appointment of Trustees Act 1996.
If he does, I would say the probable outcome is the Court would order a sale but it is certainly within the powers of the Court to defer a sale.
The Court must have regard ( amongst other things ) to the purposes for which the property was acquired, and if it was to provide a home for your adult son and a sick parent, then you have a very reasonable case for a delay on compassionate grounds.
It is not easy to predict how a Court would react to circumstances like these. With minor children it would be normal to defer a sale until their majority.
I would say you have an arguable case for delay, and please don't ask me how long, it depends on the judge. I very much doubt if an immediate sale would be ordered, though.