Can my ex make me sell our house?

C_Mababejive

Maybe he should move back in with your child and you should move out and pay maintenance toward your child and the upkeep of the family home ?

booksurr

OP

he can force a sale via legal action only. This will be hugely expensive for both of you although the fact you surrendered child care and forced your kid to live in rented rather than their childhood home so you can use it yourself as the new love nest means you have lost the moral debate even if you do feel vengeful towards the ex

ACG

booksurr wrote: »

OP

he can force a sale via legal action only. This will be hugely expensive for both of you although the fact you surrendered child care and forced your kid to live in rented rather than their childhood home so you can use it yourself as the new love nest means you have lost the moral debate even if you do feel vengeful towards the ex

Ouch!
How much have you assumed there!

How do you know the OP doesnt work daft hours or do a lot of traveling with work? There could be any number of reasons which makes it more sensible for the child to be with the other parent. What is more responsible, accepting what is best or being childish and fighting over it?

Ronaldo_Mconaldo

So lets get this straight. The OP knows that there's over £200 grand in equity in the property and didn't think that her former partner would be interested in obtaining any of it.

I think there must be some kind of creative writing class out there for disfunctional people, shall we say, where the class is encouraged to make up stories and post them around this board. This one's good but a little unbelievable. I mean in 4 months you're partner moved out and took your son and you've shacked up in your mansion with your new lover. Not buying it.

Soot2006

Ronaldo_Mconaldo wrote: »

So lets get this straight. The OP knows that there's over £200 grand in equity in the property and didn't think that her former partner would be interested in obtaining any of it.

I think there must be some kind of creative writing class out there for disfunctional people, shall we say, where the class is encouraged to make up stories and post them around this board. This one's good but a little unbelievable. I mean in 4 months you're partner moved out and took your son and you've shacked up in your mansion with your new lover. Not buying it.

I agree that it seems trollish as a thread as a whole, however, we must not have been reading the same story as in the version I read, the OP offered the ex half the equity, which is all he would get from a sale anyway ...

Daisy28

Well, It's a shame that some people can't just offer advice and feel the right to judge me! The situation is very complicated, so I have only asked about the legality of my situation. I just wanted advice on the legal side. Thanks for all the constructive advice, I really appreciate it.

I have offered a generous 'buy out' and am paying towards my child. I certainly want what's best for my child. He left me after years of problems!

And I haven't 'forced' them to live in rented. I've offered him enough to buy somewhere outright!

Let's switch it around then - what if I was a man? Would that make people less judgemental?

frisbeej

I'm guessing (mostly from watching lots of TV shows) that if you both turn up in court with you are offering him a fair sum of money to buy him out, then the judge will just say "Done! Next case.".

Daisy28

I don't want it to go to court, but may have no option here! Thanks for the advice.

Daisy28

I have put it in writing, he accepted and then the next day changed his mind. I don't want this to go to court, I just want to give him enough money to buy somewhere outright and support my child financially.

dktreesea

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 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.

I think the problem for him may be the joint mortgage. The bank are under no obligation to take his name off the current mortgage even if you buy him out. His best option is to sell the house and clear the mortgage.