Court order to force house sale query

goldbyron

I posted a while ago as my ex partner is refusing to sell our house even though we split up 1.5 years ago after 6 years together. We are not married and there are no dependents. We are now tenants in common registering our seperate interests in the property.

I have been forced to live with my parents since we split and I have now taken to matter to a solicitor as she would not agree to sell. I have been very patient and suggested several alternatives (her/me buying other out, renting a room) however this has not been successful.

In reply to my initial solicitors letters she agreed to sell if I paid all selling costs (which I had already offered), tied in the move with another house purchase for herself and paid her a 'contribution' towards buying costs estimatated (laughably) at £10k.

My solicitor made the offer that I would pay all selling costs (roughly £3k) however would not pay the £10k as if we went to court she does not have a legitimate reason to contest. Also she would be liable to pay her and possibly my legal fees for being obstructive.

Her solicitor has not replied within the deadline and so we are going to have to go to court. It seems straight forward to me that it is in neither of our interests to go down this route.

Does anyone know of a legal reason why a judge could order not to force a sale or have personal experience? A friend has stated that she could be ready to sue me for damages (I don't get this as all I have done is left a relationship) - is this is a possbility?

I see it as this any distress she has suffered after a relationship break down (1.5 years ago) is not comparable to my distress at having no where to live. We have equity in the property and she has a job therefore she is able to buy or rent.

Thanks for any advice!

DKLS

Hi , sorry to hear about the difficulties you are facing, I am in a very similar position to you. stick to the solicitor, and try not to take on board friends opinions, She cannot sue you for damages for being distressed at the agreement, that is simply ridiculous, although I fully understand why you would feel that way. If it is listed before a judge he will acknowledge both your interests in the property taking into account, who paid deposits, put extra money in, paid bills etc
Feel free to PM and I will tell you all.