Main site > MoneySavingExpert.com Forums > Essential Money > Mortgages & Endowments > Court order to Force Sale of House (Page 1)

IMPORTANT! This is MoneySavingExpert's open forum - anyone can post

Please exercise caution & report any spam, illegal, offensive, racist, libellous post to forumteam@moneysavingexpert.com

  • Be nice to all MoneySavers
  • All the best tips go in the MoneySavingExpert weekly email

    Plus all the new guides, deals & loopholes

  • No spam/referral links
or Login with Facebook
Court order to Force Sale of House
Closed Thread
Views: 4,223
Thread Tools Search this Thread Display Modes
# 1
jason.parker.86
Old 02-02-2011, 4:29 PM
MoneySaving Convert
 
Join Date: Jul 2008
Posts: 141
Default Court order to Force Sale of House

Hello,
Should myself and partner not be able to agree on terms for transfer of equity and she wants to force the sale of our home how much time and money (approx) will it cost her to do it?

More importantly will this money come from the sale of the home or her personal finances and will it cost me anything?

J
jason.parker.86 is offline
Report Post
The Following User Says Thank You to jason.parker.86 For This Useful Post: Show me >>
# 2
Thrugelmir
Old 02-02-2011, 5:16 PM
Deliciously Dedicated Diehard MoneySaving Devotee
 
Join Date: Apr 2005
Posts: 35,914
Default

Without reasonable grounds for doing so. You could be liable for all the costs. ( Judges hate time wasters).

Cheaper to agree mutually however painful it is.
"Bull-markets are born on pessimism, grow on scepticism, mature on optimism and die on euphoria."
Thrugelmir is offline
Report Post
The Following User Says Thank You to Thrugelmir For This Useful Post: Show me >>
# 3
jason.parker.86
Old 02-02-2011, 10:06 PM
MoneySaving Convert
 
Join Date: Jul 2008
Posts: 141
Default

Quote:
Originally Posted by Thrugelmir View Post
Without reasonable grounds for doing so. You could be liable for all the costs. ( Judges hate time wasters).

Cheaper to agree mutually however painful it is.
But what if we can't agree? Will it cost both of us... why would I be liable for all the costs.
jason.parker.86 is offline
Report Post
The Following User Says Thank You to jason.parker.86 For This Useful Post: Show me >>
# 4
Annisele
Old 02-02-2011, 10:21 PM
Fantastically Fervent MoneySaving Super Fan
 
Join Date: Jan 2010
Posts: 3,728
Default

If you can't agree, then to some extent "who pays the costs" comes down to "who does the judge think was being unreasonable".
Annisele is online now
Report Post
The Following 2 Users Say Thank You to Annisele For This Useful Post: Show me >>
# 5
Thrugelmir
Old 02-02-2011, 10:26 PM
Deliciously Dedicated Diehard MoneySaving Devotee
 
Join Date: Apr 2005
Posts: 35,914
Default

Quote:
Originally Posted by jason.parker.86 View Post
But what if we can't agree? Will it cost both of us... why would I be liable for all the costs.
Because she was "threatening" I assumed you were not in agreement.

Could cost you 1k to 2k. Also could take several months.

Do you have any formal agreement as to the division of equity? If not the starting point is 50/50 in court.
"Bull-markets are born on pessimism, grow on scepticism, mature on optimism and die on euphoria."
Thrugelmir is offline
Report Post
# 6
jason.parker.86
Old 02-02-2011, 11:12 PM
MoneySaving Convert
 
Join Date: Jul 2008
Posts: 141
Default

Quote:
Originally Posted by Thrugelmir View Post
Because she was "threatening" I assumed you were not in agreement.

Could cost you 1k to 2k. Also could take several months.

Do you have any formal agreement as to the division of equity? If not the starting point is 50/50 in court.
House has equity which was paid for by myself (2nd job self employed). Equity is 50/50 and when she left I had almost nothing in my current account and she had a few grand in hers. As we had joint finances I see it only fair that this amount is taken into consideration.

Although I have no legal leg to stand on, she was unwilling to contribute to my tax bill for self employment (Just paid) which all income from was paid into home (But she is holding out for 50% of!).

So my logic is that if she wants 50/50, then all finances should be taken into account.

Im not being unresonable but if she is holding her hand out for half of the equity in our home, I see it only fair that everything is taken into account!
jason.parker.86 is offline
Report Post
# 7
bristol_pilot
Old 02-02-2011, 11:18 PM
Fantastically Fervent MoneySaving Super Fan
 
Join Date: Apr 2006
Posts: 2,169
Default

Unless her funds are held in a joint account you don't have a leg to stand on. Don't cut off your nose to spite your face. Agree to the sale, accept the relationship is over and move on.
bristol_pilot is offline
Report Post
The Following User Says Thank You to bristol_pilot For This Useful Post: Show me >>
# 8
Thrugelmir
Old 02-02-2011, 11:27 PM
Deliciously Dedicated Diehard MoneySaving Devotee
 
Join Date: Apr 2005
Posts: 35,914
Default

Quote:
Originally Posted by jason.parker.86 View Post
So my logic is that if she wants 50/50, then all finances should be taken into account.
I would suggest she has taken legal advice. As "finances" as such aren't the point at issue its merely the equity in the property.

So I suggest you either do likewise to investigate the possibilty of obtaining a higher share (and the cost of) , or accept the 50/50 split.
"Bull-markets are born on pessimism, grow on scepticism, mature on optimism and die on euphoria."
Thrugelmir is offline
Report Post
Closed Thread

Bookmarks
 
 




Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

 Forum Jump  

Contact Us - MoneySavingExpert.com - Archive - Privacy Statement - Top

Powered by vBulletin® Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.

All times are GMT +1. The time now is 8:39 PM.

 Forum Jump  

Free MoneySaving Email

Top deals: Week of 20 August 2014

Get all this & more in MoneySavingExpert's weekly email full of guides, vouchers and Deals

GET THIS FREE WEEKLY EMAIL Full of deals, guides & it's spam free

Latest News & Blogs

Martin's Twitter Feed

profile

Cheap Travel Money

Find the best online rate for holiday cash with MSE's TravelMoneyMax.

Find the best online rate for your holiday cash with MoneySavingExpert's TravelMoneyMax.

TuneChecker Top Albums

  • VARIOUS ARTISTSNOW THAT'S WHAT I CALL MUSIC! 88
  • ED SHEERANX (DELUXE EDITION)
  • COLLABROSTARS

MSE's Twitter Feed

profile
Always remember anyone can post on the MSE forums, so it can be very different from our opinion.
We use Skimlinks and other affiliated links in some of our boards, for some of our users.