Obtaining Court Order to force sale

[Deleted User]

Could the friend offer to reduce their share of the profits by a percentage to take into account they haven't paid the mortgage for the intervening years (taking into account differing deposit amounts if applicable)? This might help encourage the ex to sell. If the friend is eager to sell, perhaps the friend can reduce their percentage a little bit more to encourage the sale a bit further.

I understood that if you told benefits you were trying to sell the house (and I assume he has proof of the missed sale), he could still receive benefits. Might be worth phoning Shelter for advice or seeing the CAB and getting some assistance.

quotememiserable

rockingbilly wrote: »

What a situation!!
I have something similar but thank goodness not in the same position.
My wife of 37 years owns our home. Her name only is on the deeds and she had a small mortgage which she paid off using her own money. I have never contributed to the purchase of the home although I have paid for the maintenance of it.

Married for 37 years. Half the house is yours no matter whose name is on the deeds. The law for men is the same as the one for women.

bouicca21

After 4 years I doubt he has the right to move back in, irrespective of ownership.

He needs to find out why the solicitor is being slow and change solicitors if necessary. There is a lot of missing information. Married or not? How long together? Any equity in the house?

FBaby

Did they buy the house together? How long ago? Was he paying towards the mortgage before he left? How much share of the equity is he asking for.

The comment about him paying half of the mortgage since he left would seem to indicate that he expects 50% of the sale, which is what she is objecting too, hence the decision not to sale. If that is the case, she has a point, if she's been paying on her own for 4 years, and the equity increase during that time, he can't have it both way, not pay towards the mortgage but expect a share of the increase in the equity during that time.

She was prepared to sale the house at one time, sounds she pulled out when they might be been discussing sharing the profit, in which case, he might need to reconsider his position and renegotiate taking into consideration what he will lose out anyway going through court.

Mojisola

quotememiserable wrote: »

Married for 37 years. Half the house is yours no matter whose name is on the deeds. The law for men is the same as the one for women.

That would apply if they divorce but, if the ownership is only in one spouse's name, that person could remortgage it and spend the money.

Enterprise_1701C

If he is that ill, maybe she is waiting till the house becomes all hers

Mojisola

CathieCh wrote: »

In the meantime, he is very ill

Enterprise_1701C wrote: »

If he is that ill, maybe she is waiting till the house becomes all hers

If they own the house as 'joint tenants', he could alter the ownership to 'tenants in common' and write a will leaving his half to someone else.

You don't need the other owner's agreement to sever a joint tenancy.

steampowered

Mojisola wrote: »

If they own the house as 'joint tenants', he could alter the ownership to 'tenants in common' and write a will leaving his half to someone else.

You don't need the other owner's agreement to sever a joint tenancy.

Great point!

In this case it would be advisable to make the appropriate filing with the land registry, so that there can be no doubt as to whether the joint tenancy has been severed.

Refer to https://www.gov.uk/joint-property-ownership/change-from-joint-tenants-to-tenants-in-common.