Advice Desperately Needed - Separation - Can I force my ex-partner to sell?

LadyMissLLH

Hi all,

I'm new to this so I hope I'm doing this right.

Last April I bought a house with my now ex-partner (we were not married and we didn't have any children). We each put £7k in, and I also had £10k gifted from a relative (which is protected by a trust deed). My ex-partner turned out to be a pretty horrible person so I left in the summer and went back to stay with my parents. I have still been paying half of the mortgage since.

My ex and I agreed that he would apply for the mortgage on his own and buy me out for £15k. We were unable to start this process until 6 months after we moved in, so he made the application in early November and was declined. He appealed the mortgage company's decision and in January they told him that they would give him the mortgage on his own, but not the extra to buy me out.

We agreed to sell the house and we had a buyer quite quickly. We both agreed on the price offered. I filled out all the paperwork and sent it back to our solicitor. After receiving a couple of abusive telephone calls off him I was sent this text;

"Unfortunately I am in a position which will not enable me to sell the house. You will get your money in time, however you will have to wait. Do not contact me and do not make any mortgage payments from now on. My solicitor has stated I am well within my rights, as long as we have intentions to rectify our situation in a reasonable time, that advised is up to 2 years. However this is certainly not my intention. Sorry but I ask for your patience in this situation."

I know, condescending much?

I've been round to discuss this with him but sadly he isn't being reasonable and his explanation of things isn't particularly clear. I think it sounds as though he is going to try to apply for the mortgage and the funds to buy me out for a third time. I haven't heard anything from his solicitor and he told me that he has shredded the paperwork for the house sale. I am beyond frustration and feeling pretty desperate.

My questions are;

• What are my legal rights?
• If I stop paying half the mortgage is it going to be used against me at a later date?
• Can I force a sale?
• What are the comebacks from his decision of withdrawing from an agreed sale?

I earn £20k, he earns £45k, and I would like to buy a place of my own ASAP as there isn't really room for me at my parents' home. If I don't get any money from the house, or taken off the mortgage this isn't going to be a possibility. My ex has proved himself to be someone who can't be trusted so I just don't know what to do.
I feel so fed up of the whole situation. Any help would be greatly appreciated.

monty-doggy

To force a sale will cost you £1000's in legal fees. You will have to take him to court and it could end up costing more than you ŵill receive.

If you stop paying the mortgage this may affect what % of any equity you receive when it's eventually sold however if he is living there you can pay half and then charge him a rent for living there! effectively meaning he pays whole mortgage. Best to do it this way to show you've kept up payments.

LadyMissLLH

Thanks for replying.

Charging rent? How do I do that?

Buzzybee90

LadyMissLLH wrote: »

Thanks for replying.

Charging rent? How do I do that?

Would you be able to get a mortgage with 20k?

ShadowPuma

Speak to a solicitor about this. Get legal advice. They may decide to send you for mediation with him to try to resolve this.

BigAunty

How does one charge 'rent' to a person who actually an owner occupier rather than a tenant? No basis in law that I am aware about.

Money_maker

If you charge rent you will become a landlord which creates a whole new set of problems.

Yorkie1

OP, this is probably best on the House buying board - consider asking a board guide to move the thread for you.

C_Mababejive

OP..simply write to this person by recorded delivery and state that if he does not agree to remarket the property,you will apply to the courts for an order for sale. It isnt rocket science and it doesnt need to cost you a fortune. Meanwhile google TOLATA and have a good read.