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my ex refuses to sell our house

hi everyone, i was wondering if anyone has had any experience of the problem im having at the mo. me and my ex split 18 months ago, we wasnt married, we have 3 children together and they live with me. i left the house on the understanding that he sold the house or bought me out. we both signed a proper contract before we moved in that the equity would be split 50 50. my solicitor has given him ample opportunitys to pay me but he didnt respond, it is now having to go to court. he doesnt live in our old house, he rents it to his best friend. will the court definately enforce the sale, my solicitor said yes, i am wondering if i am can make him pay my court costs as he has obstructed any other reasonable way of solving this matter, anyone ever had this problem??
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Comments

  • julieq
    julieq Posts: 2,603 Forumite
    Just take your solicitors advice. If your ex has any sense it won't get as far as court, and if it does the fact you are caring for the children will weigh in your favour. And yes, you'd be in a position to ask for costs (but get legal advice, not forum advice)
  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
    Is your ex-partner paying you half of the rent?
    The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark
  • no, i am paying my own rent. and he pays the mortgage on the old house
  • paddedjohn
    paddedjohn Posts: 7,512 Forumite
    Part of the Furniture
    I think flyboy means are you getting any of the rent from your old house.
    Be Alert..........Britain needs lerts.
  • no i am not getting any of the rent from my old house, my ex has the rent to pay for the mortgage
  • DeeMarie89
    DeeMarie89 Posts: 145 Forumite
    Not sure whether this will help you, but when my mom & step-dad seperated, he only got 25% of the equity as my mom was left with my little brother. Don't know whether you being the primary care giver for your kids would mean you could do this too?
  • me and my ex were never married and the contract stated that the equity be split 50 50 so i dont think i would be able to claim more than 50 percent of the equity
  • paddedjohn
    paddedjohn Posts: 7,512 Forumite
    Part of the Furniture
    Even if the courts force your ex to agree to a sale, who is going to buy it with a tennant who probably wont want to move as he is your ex's best friend?
    Be Alert..........Britain needs lerts.
  • The tenant is moving out
  • princeofpounds
    princeofpounds Posts: 10,396 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Your solicitor is right - normally one part of a couple is not permitted to trap the capital of the other. So it is likely you will get an order to sell, eventually. Although this can't be guaranteed as we don't know all the circumstances.

    Some of your costs may well be chargeable to the other party, ask your solicitor.
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