Forcing a house sale.

Geordielad

I've seen a few posts re this, but none really touch on my circumstances. In 1992 my now ex wife and I put £14,000 profit from a house sale, info another house, I began to renovate it,but the marriage collapsed totally, I walked out and left her with a half finished house. My name was taken off the mortgage, but not the deeds. My ex eventually made the house a home, with the help of new boyfriends etc, and we both struggled with money etc,. Anyway I won't bore you with details, but she's lived there and paid the mortgage since 1995. She has tried several times to force me to sign the deeds (house) over to her, with threats of court etc. I've always said I will sign the house over, for a fair percentage of what the house was worth he at the time we split. Around £25000. She got everything, goods, car etc.
anyway, my question is, can I force her to buy me out, say for £10000, (house value circa £70,000 ) we have no children. I have another flat that I rent out.
My thoughts are, we are divorced and havebeenfor a long time, I don't want my name on the house, but nor do I want to sign it over for nothing.

Thrugelmir

Geordielad wrote: »

My name was taken off the mortgage, but not the deeds.

That would be surprising. Can be the other way round.

I'm surprised your ex han't offered to buy you out rather than incur a large legal bill. Personally I would sit tight as you are in a strong negotiating position. Contact her and suggest that that you'll sell out for £10k.

Loopy28

It would probably be worth getting some legal advice as to where you stand.

I don't think it is unreasonable for you to expect a fair amount based on what you put in to the house at the time of purchase.

Pete9501

Just thinking the mess this could lead to if you survive her. BF not on the deeds inherits her half and has to then buy you out, or you buy him out.

RAS

Pete9501 wrote: »

Just thinking the mess this could lead to if you survive her. BF not on the deeds inherits her half and has to then buy you out, or you buy him out.

If it is a joint tenancy the OP becomes the sole tenant and BF gets nothing; if it is tenants in common ex can leave her portion to whoever she wants.

Running_Horse

Can't think of any ex girlfriends I would want financial links to in perpetuity.

Offer to open friendly negotiations and see what happens. Then both move on.

Kynthia

You left her with a unfinished house and all the mortgage payments, but you want much more than half the equity at the time you left? Why is that? If you wanted the car or furniture then you should have taken them at the time so I can't see how they are relevant now.

So why are you asking for £25k when your share of the money put into the house was £7k? Is there more to the figures you haven't shared, or are you trying to get some of the value after she's put in all the work and years of stress making the mortgage payments and keeping up with the maintenance? The answer may explain why she isn't relenting.

Edit: I've re-read the OP and realised you are asking for £10k which is more reasonable. However has your ex said what she will pay you, or is there any reason she wouldn't be able to re-mortgage in order to buy you out?

xylophone

As far as I can see, £10,000 would be more than fair -you walked out leaving her with a half finished house - she has paid the mortgage and made the house a home.

TBagpuss

Did you have any kind of formal order at the time you got divorced? Has either of you remarried?

Both make a difference to how easy it would be for you apply for an order to force a sale if things got that far.

If you did seek to force a sale (or buy out) a court would have to try to consider what would be fair in all the circumstances - this would include looking not only what the house was worth at the time, but also other issues such as your respective incomes, whether you have or had pensions etc.

Another issue would be what the house was actually worth in it's half-renovated state. You say you invested around £14K from the previous house, but that the house was worth £25K. Presumably the difference was the mortgage she took on, so wouldn't the starting point be £7k, not £12,500?

theartfullodger

Many answers are in this booklet...
http://england.shelter.org.uk/__data/assets/pdf_file/0020/23393/ShelterGuide_RelationshipBreakdown.pdf
Read & understand it then go see a "Family law" solicitor who understand your issues (many may not..)

Geordielad

Pete9501 wrote: »

Just thinking the mess this could lead to if you survive her. BF not on the deeds inherits her half and has to then buy you out, or you buy him out.

No steady boyfriend.