Whether you are married or in a cohabiting relationship, if you jointly own a property then there are steps that your spouse or partner can take to force the sale of your home.
If you are living in the jointly owned family home, unless you agree to voluntarily sell the home your spouse or partner can apply to the Court for an order for sale of the property. The Court will normally only make an Order for sale at a final hearing.
There are factors to which the court will have regarded when deciding whether to make an Order for sale, the most important of which relate to whether the property provides a home for the children of the family.
Unless there is sufficient equity in the home to enable both parties to rehouse themselves and the children, it is unlikely that a Court will order an immediate sale of that home and the court may defer the sale in order to preserve the children’s home. In some cases, a sale may be deferred for a short period while in other cases it may be appropriate to defer the sale until the youngest child is 18 years old. Every case will be decided on its own distinct facts.
If you need any advice regarding a matter like this, then please do not hesitate to get in touch with our experienced team of family law solicitors.