Jointly owned property being sold - desperate for advice please...

RAS

vanillacustardtart wrote: »

I guess it is harassment, but not sure how it could be proven? He wants to buy thge property, he hasn't harassed me about it more the Estate Agent who is also very polite but blunt and firm with him.

So would the EA be prepared to talk to the police?

And would the manangment committee etc be prepared to state publically that they do not want him on the premises?

Guest101

Just out of curiosity is the proceeds of sale split at 50/50?

xylophone

Just out of curiosity is the proceeds of sale split at 50/50?

Post 1 OP says

Given he is benefiting from 50% of the proceeds

OP, have you had an offer/offers for the property?

cajef

Why does he want to view a property when he has lived there and only recently moved out of it, sounds like he either wants to get hold of the new keys or go back in and squat.

Guest101

xylophone wrote: »

Post 1 OP says



OP, have you had an offer/offers for the property?

Ah misread that.

Thanks.

OP, u say youve had lots of interest, any actual bids?

As for harassment, have the agents actually asked him to stay away?

Land_Registry

vanillacustardtart wrote: »

Thank you all. Just to clarify. I have a Court Order that the property is to be sold on the open market. My ex refused to comply with this, blocking Estate Agents etc and without his co operation I wasn't able to market it. So, I applied back to Court and was given a new Court Order that states I now have "sole conduct" of the sale and that after a sale has been arranged he must sign the documents within 48 hrs or I have permission to take it to the Court and the Judge will sign on his behalf. I don't need his agreement or co operation at all.

That is largely what was explained earlier and whilst a court make an order the registered legal owners must complete the legal Transfer of the property by executing a Transfer to comply.

If one of the owners refuses to abide by the order then the judge can sign the Transfer instead. The legal deed/Transfer still has to be completed.

The 'sole conduct' aspect relates to how the property is marketed/sold and who takes responsibility for doing that I assume base don other posts and OP's own comments. It does not enable for example the property to be Transferred by one of joint owners only.


This also covers Nuttydj's earlier post

Guest101

It just seems far easier if OP wants to sell and ex has money to buy, to just sell to him.

Better_Days

The thing is if you did accept an offer from him going on his past behaviour there is a high likelihood that he would delay and delay with searches, queries, negotiations over trivia, demands to see the property. Anything that he can think of to cause you stress and inconvenience. Plus it would negatively impact on the future for your aunt and the residents association.

I think the best thing is ignore any bids or requests for viewings. You have said there is a lot of interest and also we are coming up to spring which tends to be the busiest time of year. It sounds like you have a good EA, they can be your buffer.

You need to get this property sold and move on, I do hope that the 'sole conduct' enables you to do this in the least stressful way for you.

Nuttydj

Guest101 wrote: »

It just seems far easier if OP wants to sell and ex has money to buy, to just sell to him.

I think the issue here is op's aunt who op visits regularly in the same block and his general obstruction to the process i guess

Guest101

Nuttydj wrote: »

I think the issue here is op's aunt who op visits regularly in the same block and his general obstruction to the process i guess

It's unfortunate, but unless they live next door i very much doubt theyd run into eachother.

As for obstructiveness. Actually this woul dbe far easier as he would not require searches etc etc. As he is a joint owner. So the transfer (and LRR can correct me) would be much more straight forward.