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Can i force ex to sell??
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What a dreadful situation. Never buy a house without having an agreement on what to do if and when you fall out."A nation's greatness is measured by how it treats its weakest members." ~ Mahatma Gandhi
Ride hard or stay home :iloveyou:0 -
deannatrois wrote: »I'm sorry to be the bearer of bad news but going bankrupt will not protect from claims re outstanding mortgage. Look at the bankruptcy part of the forum.
That's a bit bald. Can you be more specific?No reliance should be placed on the above! Absolutely none, do you hear?0 -
Unfortunelty cant get legal aid when its to do with property as its classed as assets
Would it not depend on how much equity there is in the property ? I got legal aid for my divorce, we have a joint mortgage. My solicitor said if i'd had any more equity i wouldn't have qualified for legal aid. Does it differ for property disputes ?0 -
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No, there is 70k left on mortgage, and it was up for sale at 100k, we had buyers then the ex decided just not to sign, so buyers pulled out. Not possible to rent it out as he has completely destroyed the house cosmetically wise, all it is fit for is for someone to buy to completely gut it back to bricks and mortar and start again0
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have you spoken to the mortgage provider?
Could you move back in, even if it meant doing it up?If you've have not made a mistake, you've made nothing0 -
It seems to me that you cannot afford not to get good legal advice.0
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I don't know much about the legalities and the potential of becoming bankrupt, that kind of thing, but I think I'd be tempted to move back in there, change the locks, and stick it on the market. If there's an opportunity for your ex to get half of the equity I'm sure he wouldn't stand in your way and the alternative doesn't bear thinking about.0
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moneybunny123 wrote: »If there's an opportunity for your ex to get half of the equity I'm sure he wouldn't stand in your way...
Wouldn't stand in her way? Oh yes he would! "My ex is saying he would rather it was repossessed than let me have any profit from the sale"
The reality is that it's impossible for the OP to force through a sale against her ex-'s wishes, without an expensive solicitor on her side. On the other hand, if there are mortgage arrears, it's quite easy for the lender to repossess, and then sell the property. If it was on the market at £100k and received an offer, it's hopefully worth a fair bit more than the £70k mortgage. So, once the sale has gone through, the mortgage and all the costs associated with repossession have been paid, there's a chance that there'll be something left over and the OP will receive her half. I suspect that'll be a first for the lender!
Getting it repossessed is a ridiculously silly way to sell a house, but if the ex- has got in a strop and thrown all his toys out of the pram, that's probably what's going to happen.No reliance should be placed on the above! Absolutely none, do you hear?0 -
moneybunny123 wrote: »I don't know much about the legalities and the potential of becoming bankrupt, that kind of thing, but I think I'd be tempted to move back in there, change the locks, and stick it on the market. If there's an opportunity for your ex to get half of the equity I'm sure he wouldn't stand in your way and the alternative doesn't bear thinking about.
A good idea, although the OP won't be able to actually SELL the house without her ex's permission.
Therefore they sale of the house can keep falling through until either an agreement with her ex is reached and he willingly signs the paperwork or until the OP obtains a court order to sell the house.
I can totally sympathise with the OP as I am in a vaguely similar situation myself.
However, one should always ask themselves why is it that the other person does not want to sell? In this case, could this be due to the fact that the OP's ex has paid the mortgage for quite a few years without her contributions and she would now want to get money out of equity she has not contributed to?
If that's correct, surely an agreement could be reached if the OP suggested to her ex that they should do whatever they can to sell the house for as much as possible, the equity could then be split 50/50 (provided both of them contributed equally to the deposit and any other initial purchase costs) and the OP would then pay back to her ex half of the mortgage payments she has not paid throughout the years?0
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