Can I force a sale?

Msimpson81

Hi

Hoping someone can point me in the right direction. I know I need legal advice but thought would ask in here also. About 9 years ago me and ex partner (was never married) bought a house at a time 100% mortgages were available so neither of us put any deposit down then about 3 years we split, I moved out even though I had nowhere to go I still let him have the property now 6 years later I have been trying to get off mortgage for last year or so as before I never had any money and knew this would cost me a bit but things like him missing payments etc for 2 months (first time since house was bought and another reason I need off this asap) meant he can't get mortgage on his own and we agreed it would have to be sold so I let him have a few months to sort himself and house out with us agreeing to speak about it in November but he's decided to ignore me now even though I have been nothing but nice when really I want to let rip. I haven't paid anything towards mortgage since I left and I have said I don't want anything from the sale as might make a couple or grand from sale and have said will pay half of all fees. I think he feels if he ignored me I will just leave it but this has been hanging over me for 6 years and I can't move on, I think my ex partner thinks I should just stay on it forever!!,
I know it will be costly but can I force a sale, I have tried to be civil, gave him time, said will pay towards it and said wont do anything till after Christmas just need to know if selling is the way we are going but been ignored. I don't what else to do rather than force a sale cause I haven't stayed at the property for 6 years

TIA

Thrugelmir

You can force a sale. Though would need to go through a formal process of giving your ex an opportunity to take action prior to action. Is there equity in the property. As the costs involved are considerable.

TBagpuss

Yes, you can force a sale. The process is under the Trust of Land and Appointment of Trustees Act (TOLATA). It is ealt with through the normal civil litigation route, not through the family courts - this is important as the rules about costs, and strict compliance with procedural rules are strictly enforced, so it is really importnat that you get proper advice and do things correctly , as it i quite easy to get it wrong which could mean that you would be unable to recover your costs, for example.

Look for a solicitor whi deals with litigation and ask specifcally whether they deal with TOLATA claims, and take things from there.

pinkshoes

YOu have several options...

1. Move back in. Give your ex 7 days notice via post that he either agrees to sell and signs an enclosed document, or you will be moving back in on 1st December 2016.

2. Send a polite but direct letter to your ex giving him options. Either he agrees to sell the house NOW and can walk away with £X profit (work out the value minus the mortgage owing and half the fees), or if the house is not on the market by 1st January 2017, you will be forcing the sale where the cost of the process will be deducted from the sale leaving him (and you) in debt. Enclose a document getting him to sign agreeing to one of the options, and state that if it is not returned by a certain date, you will assume he wants option 2 and you will start the process to force the sale.

Be firm but polite.