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Obtaining order for sale / making ex partner buy me out of joint property
Comments
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If you are going to be like that about it, remember that partner owes OP 50% rent for the time of sole occupation ...If you think you've paid roughly 30% of the total mortgage payments, I'd say 50% of the equity was a bit optimistic, wouldn't you? If you'd paid 70% to date, would you be happy receiving 50% equity? No, thought not.0 -
We weren't married, just cohabiting.
I have held off taking any legal action until now because I am too nice, but I have had enough after a year of trying to move things on, and 4 years since I moved out. And if it was the other way around, he would only do the same.
Ultimately it is for the courts to decide what share I get, I suppose. Would they take into account the fact that I walked away with nothing? I know it was my choice, but he made it difficult to continue living there.
I can see myself having to force a sale, I know it won't be quick, but it needs sorting. If he defaults on the mortgage, I am liable, and I can't afford it on top of my own commitments I.e. Rent.0 -
DandelionPatrol wrote: »If you are going to be like that about it, remember that partner owes OP 50% rent for the time of sole occupation ...
The solicitor I spoke to last year said she didn't see why I wasn't entitled to 50%, since I've had to pay rent for the past 4 years (along with deposits, fees, moving costs, and buying furniture).
She was very gung ho about it, told me I should write him a letter saying he has a month to sort something or I will get an order for sale. I gave him 6 months, I tried to be nice. That expired in June, but due to being very busy (moving house with my partner who concurrently broke his foot, and family bereavment) I haven't had time to chase it up for a few months. He has done nothing about it, apart from seek advice from a solicitor. I don't know what they told him, but afterwards he started being overly nice in his emails, so I think he knows I can force the sale, and that is why he is stalling.
I guess I will find out more next week.0 -
The solicitor will be eager to do things as you will be charged for the work. If there is only £12k of equity you could easily pay a lot of this out and end up with nothing.She was very gung ho about it
I agree with others that you need to talk with your ex perhaps via an intermediary to come to an agreement that can be carried out with the minimum of expense.0 -
DandelionPatrol wrote: »If you are going to be like that about it, remember that partner owes OP 50% rent for the time of sole occupation ...
Does he? Considering he owns the house as much as the OP there is no hope of that being valid, also he has been paying the mortgage on his own0 -
The solicitor I spoke to last year said she didn't see why I wasn't entitled to 50%, since I've had to pay rent for the past 4 years (along with deposits, fees, moving costs, and buying furniture).
Typical solicitor talk to get you to use their services. It's such a silly statement to make too because they seem to have forgotten that you stopped paying towards the mortgage, so the rent wasn't additional payment. It was also your choice to leave your property.
I think asking for 30% is the most reasonable request.0 -
It was my choice to leave, it was the easiest way of getting a clean break at the time, and I am glad I did it. Otherwise I would have had to wait for him to move out, and he would always know where I lived. I already changed my number because I was sick of phone calls in the middle of the night.0
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And that's fine, but unless you filed a restraining order against him meaning you were under fear staying there, you have to accept it was a choice and therefore you can't expect him to pay for that choice.0
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My comment was in the context of it being suggested that OP was not entitled to 50% of the equity because the ex had been paying the mortgage all on his own ...glentoran99 wrote: »Does he? Considering he owns the house as much as the OP there is no hope of that being valid, also he has been paying the mortgage on his own0 -
DandelionPatrol wrote: »If you are going to be like that about it, remember that partner owes OP 50% rent for the time of sole occupation ...
No, no they dont. I really though you knew better...0
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