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  • FIRST POST
    • jason.parker.86
    • By jason.parker.86 2nd Feb 11, 4:29 PM
    • 154Posts
    • 76Thanks
    jason.parker.86
    Court order to Force Sale of House
    • #1
    • 2nd Feb 11, 4:29 PM
    Court order to Force Sale of House 2nd Feb 11 at 4:29 PM
    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
Page 1
    • Thrugelmir
    • By Thrugelmir 2nd Feb 11, 5:16 PM
    • 47,837 Posts
    • 39,852 Thanks
    Thrugelmir
    • #2
    • 2nd Feb 11, 5:16 PM
    • #2
    • 2nd Feb 11, 5:16 PM
    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.
    "A man who wishes to remove a mountain begins by carrying away the smallest stones first."
    • jason.parker.86
    • By jason.parker.86 2nd Feb 11, 10:06 PM
    • 154 Posts
    • 76 Thanks
    jason.parker.86
    • #3
    • 2nd Feb 11, 10:06 PM
    • #3
    • 2nd Feb 11, 10:06 PM
    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.
    Originally posted by Thrugelmir
    But what if we can't agree? Will it cost both of us... why would I be liable for all the costs.
    • Annisele
    • By Annisele 2nd Feb 11, 10:21 PM
    • 4,252 Posts
    • 4,438 Thanks
    Annisele
    • #4
    • 2nd Feb 11, 10:21 PM
    • #4
    • 2nd Feb 11, 10:21 PM
    If you can't agree, then to some extent "who pays the costs" comes down to "who does the judge think was being unreasonable".
    • Thrugelmir
    • By Thrugelmir 2nd Feb 11, 10:26 PM
    • 47,837 Posts
    • 39,852 Thanks
    Thrugelmir
    • #5
    • 2nd Feb 11, 10:26 PM
    • #5
    • 2nd Feb 11, 10:26 PM
    But what if we can't agree? Will it cost both of us... why would I be liable for all the costs.
    Originally posted by jason.parker.86
    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.
    "A man who wishes to remove a mountain begins by carrying away the smallest stones first."
    • jason.parker.86
    • By jason.parker.86 2nd Feb 11, 11:12 PM
    • 154 Posts
    • 76 Thanks
    jason.parker.86
    • #6
    • 2nd Feb 11, 11:12 PM
    • #6
    • 2nd Feb 11, 11:12 PM
    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.
    Originally posted by Thrugelmir
    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!
  • bristol_pilot
    • #7
    • 2nd Feb 11, 11:18 PM
    • #7
    • 2nd Feb 11, 11:18 PM
    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.
    • Thrugelmir
    • By Thrugelmir 2nd Feb 11, 11:27 PM
    • 47,837 Posts
    • 39,852 Thanks
    Thrugelmir
    • #8
    • 2nd Feb 11, 11:27 PM
    • #8
    • 2nd Feb 11, 11:27 PM
    So my logic is that if she wants 50/50, then all finances should be taken into account.
    Originally posted by jason.parker.86
    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.
    "A man who wishes to remove a mountain begins by carrying away the smallest stones first."
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