Can he force her to sell her share to him ?

ComputerUser

[FONT=&quot]My daughter's boyfriend has decided to end the relationship- they have been living together for 3.5 years and have been 1.5 years in their present home- they have bought this house together at 250000 and have a loan of £120,000 on a joint mortgage I think its tenants in common. He put down 70% of the deposit and she 30%. He wants to buy her out at market price but she has no where to go. It is 60 miles plus to were we live and obviously she works near were she lives. Has he any rights to force her out - I think he thinks he can do so because he put down the larger deposit. She has paid everything equally into the mortgage bills etc There was a deed of trust drawn up at the time of purchasing the house which said that if the house was sold and mortgage paid both would get their deposit back and then the proceeds would be divided equally and if there wasn't enough to pay back the deposits the equity would be 70 : 30 which is fine on paper but the problem is the house has devalued if they sell now she will loose majority of her life savings. He is having an affair, harassing her when her heart is broken and she can’t even think straight. He says he won’t give her anything towards her half of costs for decking alarm etc as these improvements are in the house but he'll get the benfit. He is a do it yourself enthusiast who has knocked down the bathroom wall and left the floor ceiling etc as it is, dug up the garage floor as they were going to knock down the garage and put in a double extension and are awaiting the planning permission but now everything is in dissarray and even without a falling market the house would be worth less. He says he doesn’t want to sell as he knows he'll loose out but he wants to buy her out. What can she do ....please help?? Were does she stand legally? I heard someone on radio saying that now is not the time to sell your assets when they are at rock bottom and he is forcing her to do so. If she moves out and rents does ?she could not afford to pay the mortgage and get somewhere to rent as well. Someone suggesting freezing it what does that mean? Any help please this is a nightmare -
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Robert_Sterling_3

I do not think he could "force" her to sell to him.
He could make her an offer which, all things considered, would be acceptable to her.

barnaby-bear

ComputerUser wrote: »

[FONT=&quot]My daughter's boyfriend has decided to end the relationship- they have been living together for 3.5 years and have been 1.5 years in their present home- they have bought this house together at 250000 and have a loan of £120,000 on a joint mortgage I think its tenants in common. He put down 70% of the deposit and she 30%. He wants to buy her out at market price but she has no where to go. It is 60 miles plus to were we live and obviously she works near were she lives. Has he any rights to force her out - I think he thinks he can do so because he put down the larger deposit. She has paid everything equally into the mortgage bills etc There was a deed of trust drawn up at the time of purchasing the house which said that if the house was sold and mortgage paid both would get their deposit back and then the proceeds would be divided equally and if there wasn't enough to pay back the deposits the equity would be 70 : 30 which is fine on paper but the problem is the house has devalued if they sell now she will loose majority of her life savings. He is having an affair, harassing her when her heart is broken and she can’t even think straight. He says he won’t give her anything towards her half of costs for decking alarm etc as these improvements are in the house but he'll get the benfit. He is a do it yourself enthusiast who has knocked down the bathroom wall and left the floor ceiling etc as it is, dug up the garage floor as they were going to knock down the garage and put in a double extension and are awaiting the planning permission but now everything is in dissarray and even without a falling market the house would be worth less. He says he doesn’t want to sell as he knows he'll loose out but he wants to buy her out. What can she do ....please help?? Were does she stand legally? I heard someone on radio saying that now is not the time to sell your assets when they are at rock bottom and he is forcing her to do so. If she moves out and rents does ?she could not afford to pay the mortgage and get somewhere to rent as well. Someone suggesting freezing it what does that mean? Any help please this is a nightmare -[/FONT]

Previous iteration for reference:
http://forums.moneysavingexpert.com/showthread.html?t=1495431

barnaby-bear

Robert_Sterling wrote: »

I do not think he coulf "force" her to sell to him.
He could make her an offer which, all things considered, would be acceptable to her.

Either of them can force a sale. Although he can't force her to sell to him.

poppysarah

Now is as good a time to sell as any, if the house is making her life a misery and being attached to him through it.

Does she really want to stay in a house where her life was upset so much?
Get it valued by 3 local EA

Barneysmom

True but he should fund her move?

poppysarah

Barneysmom wrote: »

True but he should fund her move?

Did she fund his out?

Splits are very complicated, messy and expensive.
Much like divorce and can be equally messy and with as much court time.

pinkshoes

Your daughter needs to see the bigger picture and understand that her happiness is worth more than any sum of money.

She should put forward an offer for him to buy her out, then leave. She can rent somewhere, or even a travelodge (£19 a night!!) or B&B as a temporary solution!!

So if they bought for £250k, with a £120k mortgage, then he put down £91k deposit, and her £39k. They've since paid the mortgage 50/50, but the house will have dropped. Perhaps if she asks him to pay her say £30k, then he can keep all the furniture and everything else?

(and upon moving out, perhaps she could take a pair of scissors to the crotch of all his trousers and pants...)

1984ReturnsForReal_2

I think he thinks he can

----

Here is where the trouble starts.

Why not just ask him?

Everyone put the cards on the table & move on.

MissMotivation

ComputerUser wrote: »

[FONT=&quot]My daughter's boyfriend has decided to end the relationship- they have been living together for 3.5 years and have been 1.5 years in their present home- they have bought this house together at 250000 and have a loan of £120,000 on a joint mortgage I think its tenants in common. He put down 70% of the deposit and she 30%. He wants to buy her out at market price but she has no where to go. It is 60 miles plus to were we live and obviously she works near were she lives. Has he any rights to force her out - I think he thinks he can do so because he put down the larger deposit. She has paid everything equally into the mortgage bills etc There was a deed of trust drawn up at the time of purchasing the house which said that if the house was sold and mortgage paid both would get their deposit back and then the proceeds would be divided equally and if there wasn't enough to pay back the deposits the equity would be 70 : 30 which is fine on paper but the problem is the house has devalued if they sell now she will loose majority of her life savings. He is having an affair, harassing her when her heart is broken and she can’t even think straight. He says he won’t give her anything towards her half of costs for decking alarm etc as these improvements are in the house but he'll get the benfit. He is a do it yourself enthusiast who has knocked down the bathroom wall and left the floor ceiling etc as it is, dug up the garage floor as they were going to knock down the garage and put in a double extension and are awaiting the planning permission but now everything is in dissarray and even without a falling market the house would be worth less. He says he doesn’t want to sell as he knows he'll loose out but he wants to buy her out. What can she do ....please help?? Were does she stand legally? I heard someone on radio saying that now is not the time to sell your assets when they are at rock bottom and he is forcing her to do so. If she moves out and rents does ?she could not afford to pay the mortgage and get somewhere to rent as well. Someone suggesting freezing it what does that mean? Any help please this is a nightmare -[/FONT]

Well if he buys her out then she will have money to rent somewhere, it doesn't have to be expensive, she can rent a room or a small flat for a few hundred pounds a month. Why would she want to stay there if he is making her life hell.

She needs to move out asap and thank her lucky stars that she doesn't have to put up with that carp anymore.

Money isn't everything, happiness is worth SO much more!

mlz1413

I think your daughter needs a plan of action:
1) tell ex-b/f that she needs approx 2 months without being hassled to make a decision as he has met someone else then that should be the least he can do.
2) Get the house valued as it stands now and with the work completed.
3) Get quotes for how much it would be to finish the work
4) forget improvements, they won't affect the value that much and in the scheme of things its small fry.

5) When you have the valuations offer ex a buy-out price based on the house being finished. If he doesn't like it then tell him to pay to get work finished and put the house up for sale.

Re other places to live, renting a room is the cheapest as it normally included all the bills.

I doubt your daughter can be forced out, she can be forced to sell if he takes her to court but I've only heard of it when the house is on the open market. Whilst both of them are on the deeds of the house they can both live there, bring back who they want, party, leave mess etc etc.