It should not be assumed that selling a property is easy when a cohabiting relationship breaks down, especially where there are children whose need for accommodation must be considered.
For Context
Cohabiting separation and jointly owned property
The parties had been in an 18-year cohabiting relationship in a property owned jointly by them, and had two children together. At the time of the parties’ separation, the children were 11 and 16 years respectively. The father moved out and was able to purchase an alternate property in his sole name, but then mounted a campaign of harassment to try to force the mother to sell the property to facilitate the release of his half share of the equity.
What happened next
Can a cohabiting partner force the sale of a property?
We were instructed after the mother received a letter from a solicitor on behalf of the father, purporting to threaten the commencement of Court proceedings, if a sale was not agreed immediately. It became clear from our discussions that a half share of the equity would leave the mother with insufficient funds to purchase a suitable home in which to live with the children
Protecting children’s housing needs after separation
We advised that:
- the father could not automatically force a sale, while the children were still dependent and required accommodation
- the children’s housing needs would be a key factor in any legal proceedings
- She could be protected from any further harassment.
We assisted the mother in responding to the solicitors and engaging in negotiations, which necessitated the commencement of Court proceedings to achieve a resolution.
How Tees helped resolve the property dispute
This case required a careful balance between property rights and the welfare of dependent children. Our family law team provided clear, practical guidance at a time of significant pressure and uncertainty.
We supported the client by:
- Providing early reassurance on her legal position
- Managing and responding to solicitor correspondence robustly
- Using expertise in Schedule 1 Children Act claims to strengthen her negotiating position
- Securing a settlement that reflected the children’s housing needs
The matter concluded with a negotiated settlement achieving a 60/40 division of equity in the mother’s favour, enabling her to purchase a suitable home for herself and the children.
Giving you the full picture
If you are facing a cohabitation or property dispute following separation, Tees can help you understand your rights and protect your position.
Contact our family law team today for clear, practical advice tailored to your circumstances.
