Forcing a property sale?

sparkygal

My ex-boyfriend and I have a joint mortgage and jointly own a property. We had only just moved and re-mortgaged when we decided to spilt. Too soon since paying out conveyence fees etc we were reluctant to immediately re-sell and since he insisted that it was HE who stayed in the property, I left. We agreed to split any equity profits at a later date.
I was ill. I had rent to pay in my small flat and he payed the mortgage and maintained the house which he was happy to do since he had the benefit of staying there. Diagnosed with Multiple Scleroses and despite not living with him i agreed to claim our medical insurance and he had a year of the mortgage paid for him too.
Nearly three years on I am happliy moved out of my flat an live with a lovely chap i met last year. I want my share of my house I have with my ex. He says i am only entitled to half the deposit during the re-morgage three years earlier. I have read around and know this is not true. I am a joint tenant, on the deeds, and own half. He made me a small offer from his solicitor to transfer ownership to him which i have obviously declined. He refuses to give me half the current value so i see no choice but to try and force a sale of the property. Since he has gone back on our agreement I am so angry with him I am even tempted to ask the courts for more than 50% of the value since due to my multiple sclerosis I am never likely to work again.

I cant afford a solicitor but cant seem to find on the internet how to obtain a court order to force a sale of a house. How do I do it? What form do I need and can anyone help?

Sparkygal

homer_j_3

i would try and get a free session booked with a local solicitor to gain your rights or goto your local citizens advice beaurea (sp?).

I am guessing it wont be easy or cheap but Im not a solicitor.

HelpWhereIcan

Funnily enough my PA and I had this conversation last week about her house with her ex, have posted some of the articles I found for her below. She is using a solicitor though

The only other time I have personally come accross this a friend actually used a solicitor. The court fees will be higher than for the small claims court and you will have to pay your costs win or lose. You may find that it could cost you more in terms of court fees if you try to DIY as you may get it wrong and have to resubmit court papers, possibly a number of times. I have seen customers escape processings started by a lender on a technicaility so the chances of it happening with you must be higher.

I would be surprised if you could not find a solicitior who will agree to being paid the majority of their fee once you have you payout from your ex and may accept the rest on a monthly basis.

I really would investigate getting someone to do it for you as it could take a lot of hassle and stress from you.

But as some research for DIY, you may want to investigate

http://money.guardian.co.uk/experts/mortgage/story/0,,2007149,00.html

http://www.hmcourts-service.gov.uk/courtfinder/forms/n5b_1106.pdf

http://www.hmcourts-service.gov.uk/aboutus/structure/county.htm


If you are no longer named on the deeds, another thing a solicitor may be able to do is investigate regsitering an equitable charge or whatever has replaced cautions to ensure that he cannot sell without having to settle you first.

Good Luck and hope it goes well

sparkygal

Thankyou eversomuch for your comments and advice, i think the first thing is the CAB free chat with solicitor.