Joint owners in property-who has the right to live

My ex partner and I separated 3 years ago and have a jointly owned property which he lives in on his own (3 bed house)and we have 2 children - girl 19 years full time uni student and boy 5 years both live with me - the boy stays with him 3 nights a week approx. I have been living with my new partner in his house for the past year and a half - this relationship has now come to an end. I am a full time uni student my ex is working full time. I have explained the situation I am in and have told him I need to move back into the jointly owned home with my son and daughter (who lives with me during the holidays). He has refused to move out or to let me and the children move in! Can anyone please adivce what i need to do to remove him from the house.

Thanks

Before I can answer this question you need to tell me :

1. You mention the word partner. The man who is the joint owner of the house to which you refer - is he your ex husband or just a cohabitant ?

2. If you were married, was the house in question ever used as the marital home ?

LMM

We were never married but engaged and lived together for about 19 years.

The house in question was our home for about 4 years - we then rented it out for 4 years and he has now lived in it for about 1 year on his own.

Thanks

Well, normally, where the property is jointly owned, both the join owners have the right to live there as this is one of the benefits of ownership.

There are two possible avenues that you could pursue.

The first is an application under section 15 and Schedule 1 to the Children Act 1989 for an order giving you the right to remain there until the child is no longer dependent.

The second is to apply to the Court for an order for sale. The sale could possibly be deferred until the child is no longer dependent.

Or there could be an immediate sale and division of the proceeds.

May I suggest that this is something which you can't do on your own and you will need legal advice.

LMM

Thanks for your help! I intend to see a solicitor asap as I know I cant do this on my own.

Thanks