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Can my ex make me sell our house?

13

Comments

  • terryw
    terryw Posts: 4,396 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    As has been said in posts above, it is really up to your ex to commence proceedings for an order for sale with all the costs involved. Suggest that you ensure that you have documentary proof of your offer and his refusal of the offer.

    Just a thought here. In order to ensure a clean break and avoid bitterness in the future is the idea of selling the house on the open market not a possibility? With your share and your saving/ability to raise capital, you could buy a very suitable house for yourself that is free from bad memories.
    "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
  • Daisy28
    Daisy28 Posts: 8 Forumite
    I have documentary proof that he accepted the offer. I am tied into a 5 year mortgage deal which will be costly to come out of. I've spoken to the bank and he just needs to sign to take his name off the mortgage. I just want to be back in control of my life, without him dictating where I live. Thanks again.
  • DaveTheMus
    DaveTheMus Posts: 2,669 Forumite
    Daisy28 wrote: »

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

    They would much more judgemental, much much more.......


    The idea that a man would stay in the family home and the mum and child would move out to rented would be enough to whip the usual feminists' into a frenzy.

    There have been men who come on here to ask advice because they're stepping on someone's couch and the first advice they are given is a dressing down about paying maintenance.
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  • pleasedelete
    pleasedelete Posts: 2,291 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Is the issue that if the house went on the open market it may attract more than the valuation? Maybe he wants to test the market- especially if in an area of high demand.
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  • voucher
    voucher Posts: 120 Forumite
    Part of the Furniture Combo Breaker
    get a brief on the job simples
    If you can't be kind, at least have the decency to be vague
  • pinkshoes
    pinkshoes Posts: 20,607 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    All you can do is write again with your offer (option A), then give him option B explaining the costs of selling, and what his share would be after all costs. (Presumably a lot less...)

    Ask him to choose between the two.

    What exactly is he asking for?
    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!)
  • Lord_Baltimore
    Lord_Baltimore Posts: 1,348 Forumite
    If you want to stay in the house - you refer to it as 'my' house in your OP when in fact it belongs to you and your ex, it is worth more to you than 50% of the equity. It will cost you £20k to move so add that to your offer for a start. You might also feel that the person raising your child also needs proper financial support (in addition to the maintenance you pay) following the fall from grace he has experienced i.e. homeowner to rented, additional parental responsibilities etc.

    Try offering him say, £200k and see if that will do it. It seems a more appropriate sum. You otherwise risk further embitterment and may have to start packing your bags. Your new partner, now edited out of your OP, might want to help.
    Mornië utulië
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    It's going to cost him money to take you to court to force the sale. If he's not happy using a valuation that was done a while ago then invite him to employ his own valuer, you can employ your own and if those values match then make him another offer based on that.

    Is the equity a straight 50/50 split or does he feel entitled to more due to him contributing a larger portion of the deposit or paying more of the mortgage repayments...?
  • Lord_Baltimore
    Lord_Baltimore Posts: 1,348 Forumite
    Pixie5740 wrote: »
    It's going to cost him money to take you to court to force the sale.

    It's going to cost them both if he has to force a sale. And it might be decided that the legal guardian of the child should have the property in the meantime.
    Mornië utulië
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    It's going to cost them both if he has to force a sale. And it might be decided that the legal guardian of the child should have the property in the meantime.

    Very true. I was looking at more from the view that the ex will be the one to get the ball rolling in terms of forcing a sale so he'll be the one to shell out first. If he is renting at the moment and reliant on the sale of this property in order to buy another one that would seem daft if him and the OP can come to some arrangement without solicitors. Unless he is manoeuvring to get back in the home with their son.
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