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Can he force her to sell her share and move out?
ComputerUser
Posts: 14 Forumite
[FONT="]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 benefit. 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 disarray 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 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]
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Comments
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She def needs to speak to a solicitor. There are a lot of issues here, but if she can she should avoid moving out. He can't force her, but carrying on as joint owners of a property whilst going through a break up is going to be very difficult.0
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I wonder if she would move out if he gave her, her 30% share in full. So what she put in. My sister lived in the same house after a break-up and in the end it drove her out anyway.
I doubt he can force her out, she owns part of it and contributes her share of the mortgage payments. With this in mind I wonder if trying to make a deal. so, 'ok you want me out, fine, but I want my 30% share in full as you will benifit from this house when prices rise again'.
Just where my thinking leads meThe will to save every money saving penny we can0 -
Mediation is cheaper than solicitors.0
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