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What to do can i get partner to sell the house?

24

Comments

  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    disco1975 wrote: »
    would my partner have to agree to sell or do i have a right to buy it?
    Thank you
    Most of the time, all parties have to agree. You're certainly going to be in the "most of the time" group.
  • dlk
    dlk Posts: 268 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Almost all the money you've put into the house appears to be simply interest. If the mortgage is £140k and I'm going to use an assumed interest rate of 5% average over the last 5 years that would be £35,000 of interest. If the mother owns her part cash and by the sound of it the mortgage is joint between you and your ex then that suggests £17500 of your £20k has gone on interest (which you could see as rent) and the other £2500 that has been paid off the mortgage seems to be the amount that in a perfectly fair world they owe you. (of course the above is an estimate as I don't know your true interest rate etc)

    Not being in a perfect and fair world I'd put this behind you and forget it if I were you as I doubt there's anyway you will get anything back. Losing £2500 doesnt sound half as bad as you maybe first thought as if you seemed you were viewing yourself as being £20k out of pocket
  • disco1975 wrote: »
    Hi all, this is my situation,
    I had been with my partner (not married) for just over a year when her father died...I then went onto a mortgage with her mum and my partner otherwise they would of lost the house....i have been paying a share of the mortgage for over five years and contributed around 20k in mortgage payments alone and now we have seperated due to me having suspicion about one of her work colleagues which she is now with.
    I am on the declaration of trust as a joint owner with my partner and her mum...it states that if the house was to be sold then the mum would be entitled to a payment of 61k which i am fine with....then the rest to be split in three equal parts.
    The only trouble is ther is no equity in the house and she wants to keep it.....am i entitled to what i have paid in to this house over the years or what other options do i have....i know i'm going to need a solicitor but any advice would be greatly appreciated.
    Thank you in advance




    Forget fairness ....as a bloke!!


    I have been married twice and divorced twice.Both times i've been wiped out finacially.

    I'm now in another longish term relationship.It would be better if I just give my current partner the house now.It saves a lot of heartache and cuts out the middleman??LOL

    I'd be really jarred off in your situation....you've been rolled over and it hurts.Try to put a cap on your anger...or you may end up in the funny-farm like I did!!!:beer::beer:
  • Men usually do better than women in financial terms from divorce
    ...much enquiry having been made concerning a gentleman, who had quitted a company where Johnson was, and no information being obtained; at last Johnson observed, that 'he did not care to speak ill of any man behind his back, but he believed the gentleman was an attorney'.
  • LandyAndy
    LandyAndy Posts: 26,377 Forumite
    Part of the Furniture 10,000 Posts
    Men usually do better than women in financial terms from divorce

    Do women do better in financial terms from marriage?
  • Doubt it - depends. A lot of women's earnings and potential earnings drop if they have children.
    ...much enquiry having been made concerning a gentleman, who had quitted a company where Johnson was, and no information being obtained; at last Johnson observed, that 'he did not care to speak ill of any man behind his back, but he believed the gentleman was an attorney'.
  • CLAPTON
    CLAPTON Posts: 41,865 Forumite
    10,000 Posts Combo Breaker
    can either of you afford to buy the other out (i.e. can you get a mortgage sufficient for that purpose?
    it looks as if you need 200k to buy something only worth 200k so you may well need a decent deposit?

    is your ex willing to sell
    is your ex willing to buy

    are you willing to sell
    are you willing to buy

    if you are deadlocked then you can go to court to force a sale but this is really the very last resort as it will probably cost a lot and its pretty easy to put a potentialbuyer off

    much better to talk about it and come to an agreement about which will buy the other out or agree to sell to get a clean break otherwise you are financialy linked for ever
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  • ocalllo
    ocalllo Posts: 443 Forumite
    i was in a similiar situation a few years ago - but it was with my sister!
    we bought together joint mortgage, used all my savings about £12k towards the deposit and she did the same.
    Paid huge mortgage but after 8 mths i met someone and wanted to move.
    There was no equity in the hse as we had over borrowed, she didn't have a penny to buy me out, i wasn't going to put her on the street as it was my decision to move, but i couldn't afford to keep paying mortgage and i thought i deserved some of my money back if she was getting the hse!
    to cut a long story short - i got £2k, she beged and borrowed to keep the hse and we didn't talk for 2 years!
    Would NEVER EVER get into that situation again with out a legal document stating where we all stand and what happens if one person wants out.
    But at the end of the day - it was the fall out and the things said that were more painful then the money....but this was family.

    If i was you, i would hold my head up high and put it down to 5yrs rent and keep your mental state in tact!
    Saying Thank You doesn't cost anything :beer:
  • Interesting in that you trying to force a sale probably out of pique where you will get zero whereas if you took you head out of your **** perhaps you would see it a different way.

    It is unlikely they can sell or remortgage without your consent which then end up as a game of double bluff.

    I would request a settlement for agreeing to be removed from the mortgage, otherwise indicate that any attempted sale or disposal of property will not occur as you will refuse consent.

    A figure of £2500 was mentioned, irrespective of what was asked for I would settle for something around this. While human nature, being what it is, you seek revenge I would however look on it on basis on what you would have spent on rent over those 5 years.

    Bottom line is to exit as soon as possible, otherwise spend the next 5 years trying to screw up her life will just screw up your own and nobody likes someone in a relationship carrying last years baggage.
  • CLAPTON wrote: »
    can either of you afford to buy the other out (i.e. can you get a mortgage sufficient for that purpose?
    it looks as if you need 200k to buy something only worth 200k so you may well need a decent deposit?

    is your ex willing to sell
    is your ex willing to buy

    are you willing to sell
    are you willing to buy

    if you are deadlocked then you can go to court to force a sale but this is really the very last resort as it will probably cost a lot and its pretty easy to put a potentialbuyer off

    much better to talk about it and come to an agreement about which will buy the other out or agree to sell to get a clean break otherwise you are financialy linked for ever


    Can i force a sale as i went to see her last night and she says i cant.....can anyone shed any light on this please......also she says there is no equity in the house but i have not had the house valued.....maybe this should be my next step as there might just be a little there for me......surely if she wants to keep the house i am not just going to walk away and forget about the 30k+ i have contributed in keeping a roof over our heads for the last five years.
    Also do i have a right to live there although i am no longer contributing to the house which we agreed on when i left.
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