Ex refuses to sell

teekay84

Hello,

I am in a bit of a predicament with my ex girlfriend. We bought a house in 2007 for 195000 with a 30k deposit loan from my dad (have a deed of trust signed by both of us).

When we were living together we had an arrangement where the mortgage (interest only) and a loan we had together would come out of her account and i would pay bills and we would live of my account, this worked well, although we never had any money left over at the end of the month and we racked up debt (3k in my name, 4k joint and 4k her name).

We broke up, the house is up for sale for 215k, we have had a firm offer for 208500 from a "cash buyer" who wants t ocomplete in 6 weeks. The agent thinks it is a phenomenal offer, my ex has decided to turn down the offer because she wants me to pay off all her debt. I have already offered to pay all of the joint debt and half of the 4k debt in her name and cover my own debt myself. She refuses to sell. I cant actually afford to pay anymore.

If i applied for a court order to sell, what would they be likely to say? would they also mention the debt?

poppysarah

teekay84 wrote: »

this worked well, although we never had any money left over at the end of the month and we racked up debt (3k in my name, 4k joint and 4k her name).

Is the debt secured on the house?

(BTW I think you need to work out why I've highlighted the above phrase...)


See a solicitor. They'll give you half an hour free advice.

Riq

There is definitely more to this story than you are letting on to be fair.

But as the facts stated I'd ask the estate agent first if possible what you can do, they would know if they are any good whether a solicitor should be involved.

teekay84

What do you mean Riq? The debt isnt secured on the house.

Trollfever

we have had a firm offer for 208500 from a "cash buyer"

Seems a very generous offer if they are a genuine cash buyer.

teekay84

they genuinely are a cash buyer. I am desperate to push this through. The agent put his hands up and said he didnt expect us to get over 200k.

fimonkey

1. Offer to pay off all her debts. If she's trying to be malicious by blocking you then she'll have to find another excuse to stop the sale

2 Then let the house sale go through

3 Then renege on your offer to pay off all her debts and just stick to paying your own and those in your joint names (as those you are legally liable for).

She might insist you put in writing that you pay off all her debts.. if you do that then renege, is she really likely to take it further and take you to court? Do you have the current offers to pay off the debt you've agreed to in writing?

Yup its not honest nor fair, but then neither is life and this is just a forum whereby you can take or leave people's opinions/advice

Sphynx

I would go with fimonkey. She will have to sort out her own mess and you should get on with sorting out yours without reference to her not legally enforceable and on the face of it unreasonable demands.

teekay84

ok, good advice. I think that is the approach i will take. I will let her know i will pay the debots out of my share on completion if she accepts this offer. Then let her chase me for it. I hate that it has come to this.

Life isnt fair, but it is also short, if i dont do what she wants and reject this offer then i could be wasting more of my life in this situation.

But on the plus side i love the word "renege", thanks fimonkey new "word of the week" for me

Gwhiz

Been there, done that... I wish you well.

Relationship endings are never often pretty!

martindow

Hope your ex doesn't read the MSE forum!