ex refusing to sell, move out etc

cc4718

Hi
I need some advice, me and my ex partner bought a house joint ownership and after a few years the relationship ended and I moved out.
I continued to pay my half of the mortgage for a few months until I found a property to rent, it was then agreed that she would pay the full amount of the mortgage per month, however 3 years later I'm in a new relationship and have a little girl with my new partner.
I've looked into legal advice about having my name removed from the deeds however the mortgage company will not remove my name as the ex apparently does not earn enough to pay for the mortgage although she's never missed a payment.
So I'm left not being able to buy a property with my new partner and continue to rent as the ex refuses to sell up and move on.

What can I do please help

HappyMJ

Move back in? Buy her out, ask her to leave then sell.

Force a sale? Costly....

Pixie5740

Electric cattle prod?

The mortgage company will not just release you from your mortgage and your ex can't afford to get a mortgage on her own so that leaves you with the choices Happy MJ has given you above.

cc4718

Thanks
She has changed all the locks to the property and refuses to speak with me, she basically will not sell up or move out, any idea what the costs are these days to force a sale?
It's all because I've moved on and she's very bitter.

Thrugelmir

Your ex has the problem. As they are paying the mortgage and you own half. Without your signature they are between a hard place and a rock.

cc4718

Thing is I'd happily sign it over to her I didn't take anything when I left I just want my name off so I can find a stable home for my child instead of renting not knowing if we'll have to move all the time.
I had a solicitor and spent a good £700 trying to get this resolved but I'm no further forward, I can't see another way apart from going through the courts and trying to force her to sell up but I think it's going to cost a fortune.

How much would something like that cost anyone?

HappyMJ

cc4718 wrote: »

Thanks
She has changed all the locks to the property and refuses to speak with me, she basically will not sell up or move out, any idea what the costs are these days to force a sale?
It's all because I've moved on and she's very bitter.

Thousands...many many thousands. Any children? If so, forget a forced sale.

Legally she can't lock you out if the property. It's yours. I'd be taking possession back and buying her out.

Guest101

cc4718 wrote: »

Thing is I'd happily sign it over to her I didn't take anything when I left I just want my name off so I can find a stable home for my child instead of renting not knowing if we'll have to move all the time.
I had a solicitor and spent a good £700 trying to get this resolved but I'm no further forward, I can't see another way apart from going through the courts and trying to force her to sell up but I think it's going to cost a fortune.

How much would something like that cost anyone?

It's cheaper to just move in there yourself, she'll soon want to move...

pinkshoes

Just write to her informing her that you, your partner and girl will be moving in on 1st May, unless she would prefer to sell.

You own it, you can live there.

Is there any equity in it?

Pixie5740

She can't afford the mortgage on her own so the mortgage lender is never going to release you from the mortgage.

You really need to seek proper legal advice.

princeofpounds

Well. on the upside she is at least paying the mortgage in the meantime. Is it a repayment i.e. is your equity building up?


In your circumstances, there are only two options. One is the court route, to get an order for sale.


The other is negotiation, probably through some form of mediation.


The latter would be preferable and cheaper. A mediator would be able to point out things like the fact your ex is paying down equity that belongs to you, or that you might be forced to move into the house, without it sounding like a threat.


But if they won't respond, then court is there for a purpose.


It does involve a cost, and some tedious process. But it is not as scary as some people seem to want to represent it (I think because everyone tries to underline how preferable negotiated settlements are).


I'm not quite sure why you have spent £700 on a lawyer and do not feel confident about this route; what has your lawyer actually done for you with this money? Just a letter?