Can there eb a forced sale?

scoops82

Hi


My sister and her BF have split up.
She still lives in the house and he has moved out and rented.
She owns 51% of the house and he owns the rest.
She's has contributed more to the mortgage and upkeep than he has.


Is he able to force her to sell the house?
She obviously doesn't want to as she now only works PT after having his child so would struggle getting a new mortgage on anything else.
he would clearly like his split.


Would he be entitled to his exact percentage even if they have paid different amounts to the mortgage? I think she is paying it on her own at the moment while he rents elsewhere.


Thanks

Pixie5740

What does their Declaration of Trust say will happen in the event of the relationship breaking down?

Remember that whilst your sister might be paying the mortgage on her own he is having to fork out rent whilst remaining jointly and severally liable for the mortgage and has a chunk of equity tied up in a property he no longer lives in.

In answer to your thread title, yes he could take her to court to force the sale of the property.

scoops82

Thanks Pixie


I`m not sure - I would have to find out what the DOT said (if anything - I think it was just for the percentage split as she had a bigger deposit). If nothing is state don the DOT how would he go about forcing a sale? Does he have more of a right in forcing a sale than she does in wanting to stay put?


I understand he is paying rent and I wasn't taking sides.


I would like to know where she stands legally that's all - I think she is better of selling and renting myself but I can understand not wanting to leave the property ladder.




S
Neother of them would be able to get a mortgage on there own.

xylophone

Your sister is living in the house and bringing up his child there - under these circumstances, presumably it is possible that the court might not agree to a forced sale.

Pixie5740

I'm not sure that having a child gives her an automatic right to remain in the property if the other joint owner wants to sell. I know divorcing couples can defer the sale of the property under a Mesher Order but I don't think that applies to unmarried couples.

If he does decide to force the sale and goes all the way to court the judge could decide that your sister should pay her ex's legal costs. Really forcing a sale is something they both should want to avoid. If your sister wants to remain in the property she really needs to seek legal advice.

scoops82

I appreciate the responses. In short he can force a sale - although it may be costly and best avoided.

ACG

Is he able to force her to sell the house? Yes.

However, both would spend money with solicitors, in court and then you have the stress and possible bitterness between a childs parents.

Looking at this from the ex's point of view, he is being tied to a commitment with no end date in sight. He is being prevented from moving on with his life and getting his own stability. If my Mrs did what your sister is doing, I would move back in to the house.

G_M

Surely the solution is to buy him out. Pay him his share of the vaue of the property and remain in the home as sole owner.

Clean break; everyone happy.

n217970

G_M wrote: »

Surely the solution is to buy him out. Pay him his share of the vaue of the property and remain in the home as sole owner.

Clean break; everyone happy.

Except it sounds like she can't afford to buy him out.

xylophone

https://www.stephensons.co.uk/site/individuals/srvfamily/familyfiancial/cohabitation/

My partner and I jointly own the property (legally and beneficially). We have now separated. I am continuing the live in the property with our two young children. He wants to sell the house, but I don’t as I am concerned that we would have nowhere else to live. Can I prevent a sale until our children are older?

As set out in the answer to the question above, one of the factors the court takes into account when exercising its discretion to order a sale of a property is the welfare of any minor who occupies or might reasonably be expected to occupy any land subject to the trust of his home. Each case turns on its own individual facts however, and it is not guaranteed that you would be successful in persuading the court to postpone the sale of a property until your youngest child reached 18. It will depend on all of the facts, and an important consideration of the court would be how much equity is in the property, your ability to maintain the mortgage payments and your borrowing capacity. If there is sufficient equity in the property combined with your borrowing capacity for you to re-house yourself and your children, this is likely to lead the court to order a sale of the property. These cases, in court proceedings are very costly, and if your partner has legal representation, and he is successful in securing an order for sale, and you contest the matter to a final hearing, it is highly likely that the court will make a costs order against you such that you will be responsible for paying your partner’s costs of the proceedings. It is very important for you therefore to obtain legal advice and to think very carefully about contesting the matter on the basis of your children alone.

aneary

xylophone wrote: »

https://www.stephensons.co.uk/site/individuals/srvfamily/familyfiancial/cohabitation/

My partner and I jointly own the property (legally and beneficially). We have now separated. I am continuing the live in the property with our two young children. He wants to sell the house, but I don’t as I am concerned that we would have nowhere else to live. Can I prevent a sale until our children are older?

As set out in the answer to the question above, one of the factors the court takes into account when exercising its discretion to order a sale of a property is the welfare of any minor who occupies or might reasonably be expected to occupy any land subject to the trust of his home. Each case turns on its own individual facts however, and it is not guaranteed that you would be successful in persuading the court to postpone the sale of a property until your youngest child reached 18. It will depend on all of the facts, and an important consideration of the court would be how much equity is in the property, your ability to maintain the mortgage payments and your borrowing capacity. If there is sufficient equity in the property combined with your borrowing capacity for you to re-house yourself and your children, this is likely to lead the court to order a sale of the property. These cases, in court proceedings are very costly, and if your partner has legal representation, and he is successful in securing an order for sale, and you contest the matter to a final hearing, it is highly likely that the court will make a costs order against you such that you will be responsible for paying your partner’s costs of the proceedings. It is very important for you therefore to obtain legal advice and to think very carefully about contesting the matter on the basis of your children alone.

Just to add if the property is a two bed house/flat the above would probably apply however if your sister is living in a much larger property a judge is likely to say that you can reasonably downsize.