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Ex partner wants to force sale of house

jason.parker.86
jason.parker.86 Posts: 161 Forumite
Part of the Furniture 100 Posts
in House buying, renting & selling
If it goes to court who pays the legal bill? I don't plan on having a solicitor as I can't afford one and not entitled to legal aid but who pays the ex's legal bill? Does it come from equity in house or her own pocket?
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Comments

  • poppysarah
    poppysarah Posts: 11,522 Forumite
    Could you afford to buy her out?

    You can in theory ring legal aid and give her name and DOB and they will say yes or no as to whether she's getting legal aid.
  • BitterAndTwisted
    BitterAndTwisted Posts: 22,492 Forumite
    10,000 Posts Combo Breaker
    If you're ex-partners why wouldn't you want to sell and put a final end to things?
  • jason.parker.86
    jason.parker.86 Posts: 161 Forumite
    Part of the Furniture 100 Posts
    I've offered to buy her half but she wants more! I cannot simply be more flexible and give her what I don't have. All im worries about is paying her legal bill!
  • jason.parker.86
    jason.parker.86 Posts: 161 Forumite
    Part of the Furniture 100 Posts
    BitterAndTwisted wrote: »
    If you're ex-partners why wouldn't you want to sell and put a final end to things?

    Because I need somewhere to live!
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Why fight and create the legal bills.

    Put it on the market and if sells for more than your offer you know it was too low and she was right.

    If offers come in below your offer you might just end up buying it.


    At least this way you find a fair price.
  • jason.parker.86
    jason.parker.86 Posts: 161 Forumite
    Part of the Furniture 100 Posts
    I have offered her the Market value! How can i be any fairer? All I'm worried about is the legal fees? Surely each pays their own?
  • BitterAndTwisted
    BitterAndTwisted Posts: 22,492 Forumite
    10,000 Posts Combo Breaker
    A reasonable person would expect that the one bringing a case to court would pay for those costs. Is there a reason why your ex is insisting on being paid more than what you perceive as their fair-share or are they just bonkers? Were equal amounts put in at the beginning for the deposit/conveyancing fees and any maintenance/repairs/improvements?
  • poppysarah
    poppysarah Posts: 11,522 Forumite
    jason.parker.86 wrote: »
    I have offered her the Market value! How can i be any fairer? All I'm worried about is the legal fees? Surely each pays their own?


    Do you have the three quotes from EA as to the value of the property?

    It's something you can take to court with you if it goes that far.

    Put your offer in writing to her once more enclosing copies of the values.
  • BitterAndTwisted
    BitterAndTwisted Posts: 22,492 Forumite
    10,000 Posts Combo Breaker
    When you're writing to her and showing her all three valuations you could put a note in there that you feel that if you can't come to a mutual and reasonable agreement should she need to press with taking this to court that you will consider that all the court and selling expenses should be borne from her share. That might give her pause and make her see sense.....
  • jason.parker.86
    jason.parker.86 Posts: 161 Forumite
    Part of the Furniture 100 Posts
    Yeah I've had 2 EA give independent valuations and they were identical. I have offered her half of the equity and she said she wants more because she thinks the house is worth more. Her solicitors keep sending me letters and threatening to drag me to court. She paid mortgage and I paid the rest, and we had joint finances... Both just lived out of each others pocket
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