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Can my ex make me sell our house?

Daisy28
Daisy28 Posts: 8 Forumite
edited 20 July 2014 at 10:48AM in House buying, renting & selling
Just wanted some advice please. My ex left in March, now he wants me to sell our house (we are tennants in common). I have offered to buy him out at the price the house was valued at in May. He hasn't paid anything towards the house for years. Can he make me sell it, which is the big question. Can he make me move, as I can't afford to and I want to stay in my home? Thank you.
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Comments

  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
    10,000 Posts Combo Breaker
    Yes and you can buy it so see a mortgage broker and make an offer to buy it. He'd be silly to pay agency fees if you are willing to buy it.
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
  • Old_Git
    Old_Git Posts: 4,751 Forumite
    Part of the Furniture 1,000 Posts Mortgage-free Glee! Cashback Cashier
    what is the value now
    "Do not regret growing older, it's a privilege denied to many"
  • Daisy28
    Daisy28 Posts: 8 Forumite
    edited 20 July 2014 at 10:49AM
    Thank you for you quick replies. It is worth £430k we have a joint mortgage of £180k. So £250k in equity. I have offered him £125k to buy him out. But he just refuses and says he wants to sell it on the open market. Making me move and costing me £20k plus in moving fees. I have the cash to buy him out, but he's just being nasty and doesn't want me to be happy. Can he make me sell it, and have to buy somewhere else? He did initially accept the offer, but now is being deliberately awkward. House prices have now began to go down in our area. Thank you.
  • DaveTheMus
    DaveTheMus Posts: 2,669 Forumite
    Daisy28 wrote: »
    Just wanted some advice please. My ex left in March, now he wants me to sell our house (we are tennants in common). I have offered to buy him out at the price the house was valued at in May. He hasn't paid anything towards the house for years. Can he make me sell it, which is the big question. He just doesn't want me to live here with my new partner. Can he make me move, as I can't afford to and I want to stay in my home? Thank you.

    that was quick
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  • terryw
    terryw Posts: 4,396 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    Are you and our ex married? Do you have children?
    "If you can bear to hear the truth you've spoken
    Twisted by knaves to make a trap for fools"
    Extract from "If" by Rudyard Kipling
  • ACG
    ACG Posts: 24,400 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Just like he can refuse to sell it to you, you can refuse to sell it to anyone else. That means hes stuck being tied in to a mortgage which may prevent him from buying elsewhere.

    He could take you to court to force the sale, but if you have made a reasonable offer to him (and I think that is), I dont see how a judge would agree to it.
    I am a Mortgage Adviser
    You should note that this site doesn't check my status as a mortgage adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
    10,000 Posts Combo Breaker
    You can also be obstructive in selling it too simply by refusing access to the property to anyone else except the owner so if he's going to play that then don't allow people in to view it and don't agree to any offers made on it.

    You will need a new mortgage to be able to take his name off the mortgage so have a chat to the mortgage provider/broker.
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
  • Daisy28
    Daisy28 Posts: 8 Forumite
    edited 19 July 2014 at 9:08PM
    We were not married. We have one child who he's taken with him. He is renting a house and I'm paying maintenance.
  • pinkshoes
    pinkshoes Posts: 20,480 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Daisy28 wrote: »
    Thank you for you quick replies. It is worth £430k we have a joint mortgage of £180k. So £250k in equity. I have offered him £125k to buy him out. But he just refuses and says he wants to sell it on the open market. Making me move and costing me £20k plus in moving fees. I want to stay in my home with my new partner, we have the cash to buy him out, but he's just being nasty and doesn't want us to be happy in our home together. Can he make me sell it, and have to buy somewhere else? He did initially accept the offer, but now is being deliberately awkward. House prices have now began to go down in our area. Thank you.

    Do you earn enough to take on the mortgage on your own?

    If you pay him £125k, then that leaves you with £125k equity and needing a £305k mortgage. Is your salary above £80k?

    I would put your offer in writing and let him know how much extra he would end up with.

    Not wanting to sound rude, you appear to have moved on very quickly, so I'm thinking there's an element of bitterness here, hence why he may prefer seeing you suffer rather than getting a financial gain?
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • foxwales
    foxwales Posts: 590 Forumite
    It would be costly for him to pursue a course of forced sale. If you are within your means to take on the house including getting a mortgage to cover the cost then it's highly unlikely that a judge would force the sale considering you have made reasonable offers and attempts at negotiation.

    Hang tight, he is at the disadvantage in this situation so call his bluff.
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