Options to force sale of house

dis86

I appreciate this question has undoubtably been asked many times, however everything I find either entiles a marrage or kids. Mine is neither. I think I know my next point of call but I'm trying my best not to go down that route due to cost and am more looking for whats best to get her to realise im serious about getting this sorted (I'd mentioned it in the past many years ago but due to a secured loan and lack of funds i'd never followed through).

Back story.

I have a mortgage with an ex that was in both our names jointly from 12 years ago. We'd been together a few years renting, then being stupid and yound got a mortgage. Few years later we split up, I left and stopped paying the mortgage, however as we had a joint loan for 15k that was secured on the house I instead paid for that. (this was how we agreed to pay our share because both payments where roughly the same per month).

Having recently cleared that loan in full I am now wanting to sell the house, for no reason than to get my name off it.

She is claiming they won't give her a mortgage by herself due to cost even though she has been paying it fine (I understand that alone doesn't prove it) and that she won't put house up for sale.

She's apparently had a hard time, medical issues (guessing depression) and redundancy. I wouldn't be surprised if she has more debt, but at the expense of seeming cold none of that is my issue.

We were not married and have no kids.

I have no interest in buying her out. The house wasn't expensive to begin with but is sitting at 51k left to pay, i'd be surprised if it sold for less than 60k but even if it did im fine with that, i can pay my half of whats remaining if need be. Again I simple want to get my name off this mortgage.

As she's been paying the mortgage herself and me the loan we are about equal in what has been paid by both (i've probably paid more actually) but im more than happy to split anything that we get beyond 51k 50/50, which would be a bonus at this stage. But main goal is cut my loses, get my name off and be done with it finally.

If the 12 years plays a factor for any reason, it was mostly because thats when the economy colasped and we wouldn't have made enough to clear the mortgage and neither had a good enough paying job to do anything otherwise at the time. The rest of the reason was the secured loan on the house that as stated above I have been sole payer of and have cleared.

I've spoken to the CAB and the best they could do was sent me a email with some links that still don't answer much.

I know my next step is probably a solictors and a letter but before getting to that and the money it will entail, what is the most likely outcome with the above information? There is no other extenuating circumstances, it's as "clear cut" if you will as list above.

If anyone who's been in a similar situation can re-assure me that the my next point of call is a solicitor and there really is no other way about it i'd appreciate it.

Thank you

kingstreet

Legal action.

And read Jones v Kernott.

Thrugelmir

There's no easy solution if the other party won't play ball. Using a solicitor to take court action to force a sale is very expensive. If there's insufficient equity in the property upon sale then who funds your bill?

i can pay my half of whats remaining if need be.

A common misconception. You don't have a half. You are jointly and severally liable for the whole debt. A lender will recover the money from whoever has the assets to pay. Avoids people playing games and the lender facing a shortfall.