Forced Sale

Barpeeler

Hi

My ex is refusing to sell the house we bought when together, if I was to force the sale what would the cost of this be roughly?

She lives in the house and pays all the mortgage and bills.
I don't want any of the small equity as I have been paying towards it.
I just want my name taken off the mortgage.
She says she is unable to get a mortgage, she is self employed and I doubt very much she has the documents to prove she has been paying the mortgage on her own for many years, although it is all upto date!

G_M

'Ex' as in partner or as in wife? What does the divorce settlement say?

Speak to a solicitor.

Aaleigha

My daughter was in your partners situation about 4 years ago
she could not afford the mortgage on her own - we even tried to get me put on to help her = but that was not acceptable to them even though we could both afford to pay the mortgage in our own right
she was told to go back in a year when she would have had a pay rise and the house should be worth more (it was in negative equity) she did finally manage to get a mortgage on her own

as her expartners credit rating would have been very poor without the mortgage he was more than willing to stay on the mortage

not sure about the forced sale as daughter and expartner decided their was was the best one for both of them she kept her home he kept a credit rating - oh and I paid off his half of the deposit

Pixie5740

Barpeeler wrote: »

Hi

My ex is refusing to sell the house we bought when together, if I was to force the sale what would the cost of this be roughly?

It depends on how co-operative the other person is but you could be looking at thousands. Go and see a solicitor to get an idea of what's involved. Many solicitors offer a few initial 30 minute consultation. You never know, I letter from a solicitor might be enough to show her you're serious.

Barpeeler wrote: »

She lives in the house and pays all the mortgage and bills.
I don't want any of the small equity as I have been paying towards it.
I just want my name taken off the mortgage.
She says she is unable to get a mortgage, she is self employed and I doubt very much she has the documents to prove she has been paying the mortgage on her own for many years, although it is all upto date!

Self employed people can get mortgages. The reason she can't get a mortgage in her sole name is most likely down to affordability i.e. she doesn't earn enough.

Bank statements are easy enough to get online so it should be easy for her to prove she has been making the payments.

Forcing a sale can take years so the sooner you start the sooner it will be over. There have been a number of threads on this forum started by people (or their partners) who are struggling to buy a home because one of them still owns a property with an ex who won't move.

Barpeeler

Thanks for the replies, just to confirm,

She is my Ex-Wife, nothing in divorce settlement as I was happy for her to stay at the house until she could get a mortgage of her own or move on. (9 years on and I feel she's had long enough).

Even though she is self employed she must earn enough to pay the mortgage as its upto date, my worry is the money never sees a bank account so proof would be hard to get! (Mortgage is not being paid by direct debit, that's all I know)

TBagpuss

When you say 'nothing in divorce settlement' do you mean you didn't have a settlement at all, or that there was nothing about time scale in it? It makes a big difference.

If there was no order at all, then it would be open to you to apply for one now, (assuming you have not remarried) and to ask for an order for sale.

If there was a formal settlement we would need to know the exact wording of what it *did* say.

Barpeeler

It was a cheap quick divorce there was no mention of any property, and no kids involved either.

It was all very amicable and I was short sighted thinking I was just doing her a favour for a few months

pinkshoes

Dear ex wide,

As it has now been 9 years since we have divorced, this has now been sufficient time for you to have raised sufficient funds to buy me out of the house, or for us to sell the house.

Please let me know which option you prefer within the next 14 days.

If you do not reply, then i will assume that you would like the house sold, so will make arrangements for a valuation.

Having taken legal advice, should you obstruct the sale of the property, then I am entitled to force the sale of the house through the legal route. this will cost potentially £1000s, and will be deducted from your share of the equity.

Kind regards

You

DiamondLil

pinkshoes wrote: »

Dear ex wide,

As it has now been 9 years since we have divorced, this has now been sufficient time for you to have raised sufficient funds to buy me out of the house, or for us to sell the house.

Please let me know which option you prefer within the next 14 days.

If you do not reply, then i will assume that you would like the house sold, so will make arrangements for a valuation.

Having taken legal advice, should you obstruct the sale of the property, then I am entitled to force the sale of the house through the legal route. this will cost potentially £1000s, and will be deducted from your share of the equity.

Kind regards

You

And let's hope she has a sense of humour.....

Barpeeler

That's pretty much what I've told her, hoping the fear of losing any equity will give her the motivation to either sell the property or get her own mortgage, was just curious as to how much I would have to pay out of my own pocket if I had to force it

jenny54321

Hi,

I was in the same situation as this a few years ago , i was pay all the morgage and all the bills and my ex wanted to sell the property. He was also living in another house and paying all bills and the mortgage on the other one -
Sadly i was unbale to take my name off that one due to his work situ and he was unable to take his name off the other one due to work situ.

I would ask that your ex wife looks around for other deals , also if she can SHOW through her work dets and bank details she is paying for the whole morgage then they may be able to put the morgage into her name - rememebr also that you have to alter the DEEDS as well as the morgage