Legally, What Are Her Options?

[jelly baby]

My daughter and partner of ten years split up when she was five months pregnant due to his abusive behaviour. He ignored her for the first four months of her pregnancy causing great distress at what should have been a joyous time. She had lost two babies due to miscarriage in the previous 18 months.
She moved to the north of England towards the end of her pregnancy to be with us and to have the baby which was born in May and is delightful!
Against the advice of social workers, midwives and family, she allowed him to be present at the birth and also go on the birth certificate. She has always maintained that she wants him to have a good relationship with his daughter.
Initially, he agreed to move out of their home (joint mortgage)and rent somewhere, but now he won’t go. She is currently in a womens refuge as she refuses to stay in the house with him. She has previously reported him to the police for coercive and controlling behaviour. While she was pregnant he has taken her keys off her and refused to let her out of the house. She had to climb over the back fence to get away from him. He wouldn’t move out as he said he would and her during eight month of pregnancy she was sofa surfing at friends houses until she came to us!
She can afford to pay the mortgage and bills if he would leave.
Can anyone tell me what her legal options are re the house.?
Thank you
JB x

[jelly baby]

Further to the above, she would have stayed with us but he said he would move out when she went back, but then refused so she had no option but to contact social services who found a place for her at the refuge. For obvious reasons he doesn’t know where she is.

[bednobs]

if they cant agree between them, she'll have to ask the courts to get an order of sale for the house

[lankeela]

Why on earth did she get pregnant if she knew he was like this?

[bednobs]

even if he were to move out, this is no time to be getting a new mortgage i guess. Where does she work? my work has an EAP where you can conslt with a solicitor for free

[jelly baby]

He hasn’t always behaved badly towards her, it started when she became pregnant this time, he was ok during the previous pregnancies and miscarriages. We think he has met someone else in between times and he wanted out of the relationship but the pregnancy got in the way.
She is self employed.

[barry1010]

You might find this useful, she doesn't need a solicitor but she can is she prefers https://www.howellslegal.co.uk/news/post/Applying-to-Court-for-an-Order-for-Sale#:~:text=To%20apply%20for%20order%20of,for%20an%20Order%20for%20Sale.

[237SJ]

She might get some luck looking around for a solicitor that gives an initial free consultation as some do. The refuge might be able to point her in the right direction.

[maggiebee]

Wouldn't know how to offer alternatives as you are in England and Scottish laws are different. Could your daughter buy him out of his share of the house - could she force a sale? Feel she needs sound legal advice and perhaps Citizens' Advice Bureau might be a starting point before seeing a solicitor.

[Maydup]

I’m sure the refuge will be able to offer her the best advice, and direct her to the legal support she needs.

[bednobs]

if she's in a refuge clearly the children will have a sw, and also probably her too, and they will be set up to help in situations like this (i hope!)
i'm sorry she's having this rubbish time, but this too will pass

[Barmaid]

She needs to get legal advice pdq with a view to obtaining a non-molestation order and an occupation order of the property. That is short-term anyway. She really does need legal advice though from a specialist solicitor who deals with family law and domestic violence.

[jelly baby]

Thank you all. I’m going to tell her to get a solicitor that deals with this stuff. She offered to buy him out but he refused saying he wanted to keep his investment, no thought about where his daughter is living. He’s a selfish pig.
It’s all so heartbreaking.

[Barmaid]

Short term is as I suggested; long term is getting an order for sale. There is the possibility of him "keeping his investment", and she be able to live in the property until the little one is 18 and then it is sold. But personally, I would consider selling it, divvying up the proceeds and then she buys herself somewhere else - as a joint owner she can force sale. She just needs proper legal advice.

[Peter Pedant]

thx Barmaid, I am glad I waited: I wondered about a NMO
and then wondered about what else
Thx afgain