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Ex forcing sale of house

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  • Ex forcing sale of house

    I am writing on behalf of a friend to ask for advice

    she was not married to her ex, a year and a half ago she got an occupation order and a non mol order. I think this has not lapsed and his solicitor has sent her a letter of his intentions to sell the house and says that she should allow access for valuation and works to be carried out.

    she lives there with her 3 children, her ex never paid towards their children while they were together and stopped CM after a few months of paying it claiming he wasn’t working (even though he’s been posting videos on Instagram in his work gear).

    can my friend do anything? Problem is they were never married. She can’t afford to find a place to house her and her children as she is a TA and doesn’t make much. Her kids are all under 9. He doesn’t seem to care about where his children will go while he posts on Instagram about the injustice of not being able to see his kids and not being allowed in the house (he strangled her in front of the kids)

    any advice on what she can do? She needs to get her income up so she can afford a family home but this will take time
    Tags: None

  • #2
    Sorry the non mol and occupation order HAS lapsed

    Comment


    • #3
      Who owns the house? Is there a mortgage, and if so who pays it?

      There are grounds on which a case brought under the Trusts of Land and Appointment of Trustees Act 1996 can be contested: see section 15.
      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

      Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

      Comment


      • #4
        Her ex owns the house and pays the mortgage currently. She's always paid towards bills of the house, since she moved in 10 years or so ago. Thanks for your link, it says part 36 offers?

        Comment


        • #5
          Sorry, link now corrected.
          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

          Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

          Comment


          • #6
            Thank you, I will forward this to her. She didn’t pay many of the bills, only sky she says, but her salary paid for their groceries and kids expenses, so I don’t think she will be able to claim any interest in the house.

            Comment

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