How to force a house sale?

need-to-sell

BitterAndTwisted wrote: »

You cannot force someone to do something which suits you and not them, other than by legal means. It's not your ex's fault that you have decided to increase the size of your family while living in a property which is too small.

I understand that. I am going to take him to court to force a sale. My question was could I apply for this without using a solicitor.

Not that I have to justify myself but we had agreed to sell the house before I became pregnant. We cant put our lives on hold for an idiot

The csa have been useless, he is self employed and they say theres nothing they can do. I dont want his money though, I just want to sever this final tie

Orrin

need-to-sell wrote: »

I am going to take him to court to force a sale. My question was could I apply for this without using a solicitor.

Of course you can do it yourself, I just don't think you're going to find anyone here who will recommend it!

You probably need a form N1 but contact the court service for more information.

Mrs_Arcanum

Would there be sufficient gap between possible rental income & your mortgage for you to rent it out & contribute the balance of income to you new house? (Probably a daft idea that no one would recommend though) :rotfl:

G_M

Mrs_Arcanum wrote: »

Would there be sufficient gap between possible rental income & your mortgage for you to rent it out & contribute the balance of income to you new house? (Probably a daft idea that no one would recommend though) :rotfl:

Yes - daft idea! As joint owner the ex would be a joint landlord entitled to half the rent!

need-to-sell

Mrs_Arcanum wrote: »

Would there be sufficient gap between possible rental income & your mortgage for you to rent it out & contribute the balance of income to you new house? (Probably a daft idea that no one would recommend though) :rotfl:

Its something we have considered but its not really an option for us.

Its just so frustrating, he will get at least £18k from the sale but he wont do it to spite me. He has a partner and a toddler so I would have hoped he would have stopped being petty and spiteful.

G_M

It would be perfectly possible to dispense with legal advice and take your ex to court yourself.

However, you would have to educate yourself into the relevant area of the law. This is not a simple undertaking, will take a lot of your time, will involve considerable stress and will depend to some extent on your starting point - how well educated you are; how much do you know already about the legal system in general and property/family law in particular etc.

And the risk of missing something, making a mistake, is considerable and could be hugely costly.

laurel7172

Is there any way you can get his CSA arrears taken into account?

That is, you get them from his share of the property proceeds if you do manage to force the sale?

Just a thought...or possibly another stick to add to the carrot of offering to write off his CSA debts....

Richard_Webster

OK it is hindsight now, but I hope some couples that are thinking of buying together read threads like this one to see the kinds of situations that can arise and think very carefully before they go into buying together.

There is no easy cheap solution - you will have to at least start court proceedings - if he sees you are serious he might cave in to save paying your legal costs out of his share - but he might not!

sunnysea83

if he wants to keep the house have you suggested he takes out a mortgage in his name and you sell him your share and he pays you the equity? I have a friend who had to do that buyer her partner out of her home when they split.

He sounds a like a total idiot the way hes acting

evoke

OP: shop him to the CSA. He sounds like a proper scumbag. Once he is forced to pay maintenance for his kids he might have wished he didn't act like such a tw*t.