can ex force sale of house despite a special need child living there

[bossspike22]

My brother seperated (not married) he lives in the home which is in joint names with ex. He has a son with ADHD can his His ex has sent a letter from her solicitor saying if the house is not on the market within 7 days she will go for a court order and he will have to pay all the costs. She will not give him prental rights despite she does not want her son to live with her as she can't handle him. They have a 13 year old daughter who lives with mum.
She pays Nil towards the mortgage payments, he pays maintenance for his daughter through CSA but despite the fact she also should be paying maintenance for her son through CSA her direct debits default and CSA keep letting her slip through the system.

[bednobs]

someone with more knowledge will be along later, but in the meantime, if the house is in both of their names and she has an interest in the equity then yes i think so. how on earth can the child live with him if he has no parental responsibility - does he have to ring her for every decision? can he not get a solicitor himself and apply for parental rights, rather than wait for her to "give" them? Is he on the birth certificate?

[terambulan]

Yes........my bruv had court action to force his ex to sell, Property sold!

Private court action for divorce & split of assets costs �200 approx. It's quick and simple.

[bossspike22]

Thanks, his ex has signed an agreement which states my nephew will reside with my brother, she arranged all with her solicitor as she wants the property sold so she can get money. My brother agreed he would sign so long as the parental rights form would be signed at the same time. The form only needs her sinature and costs approx �30 to be lodged with a court etc. But he got a letter which states his ex feels it is not in the best interest of my nephew for dad to get parental rights., Despite my brother attends all school, doctor, hospital appointmnts etc.

[bossspike22]

Yes my brother is on the birth certificate, his ex has met a new guy. she left the home 1st february this year taking both kids. Later she dumped her son at brothers work and left sons clothes in garden shed! my nephew is 9 years old and all live in Scotland. Ex has had police warnings about her behaviour, social services got involved prior to returning nephew to dad. Finally she was charged with assault and breach of the peace, hence all communication through solicitors.

[david1702198]

i know in scotland that it is impossible to force an ex partner to sell a home if there is a child under 16 years old resident there

[bossspike22]

can you tell me more where to find out about a child being resident? as we have just been to brothers solicitor today and asked this and he doesn't agree and says best to put house on the market and then go to court and get parental rights which will cost approx �1500. Maybe she knows something we don't - that is why she isn't givin parental rights as then she couldn't force sale please help..