Can partner (unmarried) force sale of house?

Question

Hi

My parner (girlfriend) and I are splitting up and we have a young baby (who i look after as a full time dad). She wants to leave the house (which i have put most of my savings in) but doesn't want me to have it...she wants me out of her life so to speak. I myself want to be living near my son so want the house etc. Can she force the sale of the house???? without my agreement. we are both on the mortage.

ps

thanks for all your help and advice. What i would say is that she will not alloy me to buy her out :-o

She is wanting to leave the house and take my son. I look after my son and then work part time to pay my share of the mortgage plus bills. i would like to stay and work more hours to pay the morgage and keep the house for my son,but i wonder if the bank would let me anyway..one income etc. i live in england and they only give you 4 times your salary which wouldn't get near to the house value.
thanks again, life is a b*tch sometimes eh! but i think a visit to a solicitor is best and morgage people.

Answer 1

Yes, you'll have to sell it. Or if you or your partner wants to stay then one will have to buy the other out.

Answer 2

If you don't want to sell your half she cannot make you as an isolated incident. I doubt if you would find anyone who wanted to buy half a house. If you go for a divorce through solicitors you might as well give them all you got and save time answering their questions. So an amicable agreement is the cheapest and best way, providing each person remains reasonable and willing to compromise. Have the house valued, go to the bank and borrow half the value (if you can ) and buy her out. Be prepared to have to give up other things as well but in a full blown divorce battle you could see your Super disappear as well. Good Luck!

Answer 3

Sadly the answer is yes. If both names are on the mortgage she is deemed to be part owner of the house. When you split she will be deemed eligible for part of the value of the house. You will have the option of either buying her out or the property will need to be sold. If you can prove that you have been the individual solely responsible for paying for the house etc then there is a possiblity this may not occur but it is rare that this happens.

Answer 4

yes she can, she is as owner as u are. she might do it through court and i m warning u it is not good to sale a house through the court - the court appoints an attorney who will handle this and u both will pay enormous money for his services and house will be sold much cheaper than u could actually get if u sell it the normal way. so i suggest u come to an agreement with her peacefully , without involving the authorities. and whether she is married with u or not has no meaning whatsoever as long as her name is on the mortgage

Answer 5

if you are looking after the child full time she can not.

If you want to stay in the house she can not do anything about it untill the child is 16.

Ok I read the second part of your question. That is different now. I thought you were going to have custody of the child.

But like i said. If you do get custody then you can still stay in the house and she must still pay her half untiull the child is 16.

If she has custody of the child then she can force the sale of the house or even worse she can throw you out and stay there herself while you pay half of it.

Answer 6

What matters most is if you are both on the deed. If you jointly own the house then I believe the answer is yes. But she also must have your agreement. If there is equity in the home then you could buy her out and get her name off the deed and the mortgage. It can get quite complicated so you should speak to an attorney as quick as you can...good luck

Answer 7

if your name is on the title, only a Court can order the sale of the house.
I hope you can prove how much of your money has gone into the property, but be aware that she will claim to have been supporting you and the baby.
Your best hope of retaining the property is to gain custody of the child, a big ask considering you will also need to show you can pay the mortgage alone.
Can your family help?
Can you buy out her share?

Answer 8

i had the same problem and foolishly gave up my house and my ex just let the bank reposes this house. i was miffed as i put a lot of money in this home and she did not.

so, try to get her to sign off for a reasonable amount. have the house appraised. if she don't agree to selling her interest go to a lawyer and find out what you have to do because you are not married and you need to show proof that you put in more then half the value of the house. If her name is on the mortgage..then you do have a legal problem if she will not sign off..it will cost you money but do not give up your home. I wish i would have fought for my home.

Answer 9

If the judge feels this is the best option then yes,especially as she has the baby. Or you can offer to buy her out if she will take her name off the deeds so you can still live there. You must seek some legal advice on this.

Answer 10

Unfortunatley yes she can once her name is on the mortgage she can do whatever she wants wheter you are married or not. It has happened a couple of my friends. maybe you would be better off just selling and then using your half of the money to put down on a smaller place still in the same area.

Answer 11

Yes, but you can buy her out if you qualify. Otherwise, sell it and split the profit and buy another house. Talk to the mortgage holder and/or a real estate attorney.



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