ex refusing to sell, move out etc

McTaggus

These situations are always tough to sort out, particularly when you have an uncooperative ex-partner thrown into the mix. I went through a similar situation - though I had possession of the house. My ex-partner refused to agree to the sale of the property and relinquishment of the mortgage unless his conditions were met (i.e. the amount of money he wanted from the house, which in reality had dropped into significant negative equity territory after the 2008 crash). I asked my solicitor to write providing him with two options - either he agrees to the sale without any "cash back" and I would cover the £30K negative equity bill, or I force the sale and make him liable for 50% of the negative equity bill. He chose to sell without me having to force it.


If you have equity in the property, and depending on how charitable you feel, perhaps you could offer to give a portion of this to your ex-partner in return for the sale of the property to free you from the mortgage - which may (or may not) give her sufficient funds to be able to secure her own property and mortgage. State that unless she's willing to do so, then you will have no choice but to force the sale of the property and that you will recover your share of equity in full.


The other posters, I'm afraid, have given you the reality. The mortgage company won't release you unless she can afford the mortgage on her own, which means you are forever tied to that mortgage and therefore also to her. The only option you have left is to persuade her to sell through negotiation or force her to sell.


If she is refusing to communicate or respond, then I would suggest you don't waste more money on sending unanswered letters via your solicitor. Each letter means your costs go up. Instead ask your solicitor to write a letter that outlines the options you are willing to give (i.e. share of your equity if she agrees to sell, or that you will have to take her to court). Include a timeframe in which she must respond by. If she does not respond, then take her to court to force the sale.


Your solicitor should be able to provide you an estimate of the costs attached to this process, and then you can make an informed decision about what options are open to you depending on whether these costs are affordable to you. If they are outside your affordability, then I'm afraid the situation is going to be far more difficult to resolve in the short-term.


Wishing you the best of luck!

cc4718

No kids together we weren't even married it ended quite civil but as soon as I got with my new girlfriend she hit the roof especially when she found out we were having a baby she's massively bitter

cc4718

No equity in it we'd possibly break even

McTaggus

If you don't have kids together, then it should be more straightforward as the court won't need to consider their needs in the mix when it comes to the potential sale of the property.


Edited to add: If you only "possibly" break even, then your negotiating position is weaker. You need to assess whether forcing the sale would lead to a negative equity position for you both, as that will also be a cost you would need to take into consideration in your affordability calculations.

HappyMJ

cc4718 wrote: »

No kids together we weren't even married it ended quite civil but as soon as I got with my new girlfriend she hit the roof especially when she found out we were having a baby she's massively bitter

cc4718 wrote: »

No equity in it we'd possibly break even

Whilst she's bitter she will prevent any sale whether forced or not. It's going to be impossible for you to show potential buyers around your property with a bitter ex leaving the property in such a mess to make it so unattractive to a buyer that it will never sell at a price sufficient enough to cover the mortgage.

If you try and force a sale with no equity she may even stop making the mortgage repayments which you would then become liable for.

Why can't you move back in?

cc4718

The £700 was basically letters being sent to the ex just stating she can't lawfully change the locks etc and that if she refused to sell I'd be moving back in with my new partner, she said she would not allow me to move back into the property, so the next letter was talking about if this could not be resolved we would seek a court order for the sale

HappyMJ

cc4718 wrote: »

The £700 was basically letters being sent to the ex just stating she can't lawfully change the locks etc and that if she refused to sell I'd be moving back in with my new partner, she said she would not allow me to move back into the property, so the next letter was talking about if this could not be resolved we would seek a court order for the sale

Get an occupation order then. It is your house. You can live in it.

Guest101

She cant stop you moving in.


You turn up, with a locksmith and your stuff.


Move in, and get on with it.

cc4718

I could move back in, I'd obviously need to get the locks changed again, it's a nightmare this, if it was to go to court my solicitor have outlined we would recommend she paid our costs too as this could of been settled out of court, is this likely to be agreed and what are my chances of having a successful appeal?
She hasn't got a solicitor and was at first writing her own replies and she has stated she can't afford to go through the court process I just don't get why she doesn't move out and get on with her own life it's sad

Guest101

cc4718 wrote: »

I could move back in, I'd obviously need to get the locks changed again, it's a nightmare this, if it was to go to court my solicitor have outlined we would recommend she paid our costs too as this could of been settled out of court, is this likely to be agreed and what are my chances of having a successful appeal?
She hasn't got a solicitor and was at first writing her own replies and she has stated she can't afford to go through the court process I just don't get why she doesn't move out and get on with her own life it's sad

You need to pay 'upfront' you then need to recover your costs.


So can you pay upfront?
AND
Are you likely to get money from her? blood from a stone comes to mind...