Chance of success of court order to force sale ?

pinkshoes

You and her father sound as stubborn as each other!

Just put the house on the open market, sell it, take your share and move on.

(You could always get a friend/representative to buy it for you, so they are not aware that you are the buyer...)

karcher

pinkshoes wrote: »

You and her father sound as stubborn as each other!

Just put the house on the open market, sell it, take your share and move on.

(You could always get a friend/representative to buy it for you, so they are not aware that you are the buyer...)

I agree. Either play a waiting game and see if she decides it is easier to just sell her half to you, or put it on the open market and find yourself a new home.

Why even contemplate wasting thousands on court costs and all the grief and hassle that will accompany it, just to line the solicitors pockets?

Just sell and move on.

ThePants999

On the other hand, why even contemplate wasting thousands on fees/stamp duty and all the grief and hassle that accompanies a sale and two purchases, just to line EA's/HMRC's pockets?

karcher

ThePants999 wrote: »

On the other hand, why even contemplate wasting thousands on fees/stamp duty and all the grief and hassle that accompanies a sale and two purchases, just to line EA's/HMRC's pockets?

Because the ex 'OH' doesn't want to sell to the other ex 'OH'.

To sell on the open market is potentially the lesser of two evils and probably the cheaper option to dragging it through the courts.

But that is just IMHO.

xylophone

Put the house on the market, split the proceeds and walk away untrammelled by emotional baggage.

Doozergirl

Your offer would be best worded as a full price for the house as if purchasing it as a third party and then allow the solicitors to deduct mortgage outstanding on the day, fees to be deducted etc from the total, leaving you with a perfect 50/50 split. She then gets paid her 50% by you.

I don't see the fairness of removing estate agent fees that won't be paid. I'm not sure why you'd penalise her 50% of a non-existant early repayment charge either. If her motivation is to sell the house on the open market, then you are actually going to have to show her some benefit to selling it to you. Those savings have value to you and both of you receiving half of that saving is far better than nothing. You're taking a gamble with both money and emotions.

I suspect that being completely honest and not applying false discounts will get you closer to where you want to be. If you think there's negotiation to be done then you must know you're not being entirely fair.

You know there wouldn't be a problem anymore if you just decided to sell. Sometimes it's better for everybody just to let go than to fight. It sounds like your OH can't even cope with what is happening. If she wants dad to front for her, then she can do that. Clearly you've been close and it will hurt that she won't engage with you, but if you do want to speak on some level then perhaps let the money thing go.

Getting best value isn't going to happen once you've got solicitors involved. A litigation solicitor at the firm I use costs nigh on £300 an hour. The upshot of the case will be the judge wanting a fair result. be looking for the most reasonable way out for both of you. To me, it would either be allowing the market to find the price, or you proving that the offer made is absolutely fair to both of you. That takes me back to my first paragraph. Make a full offer for the house as if you were a third party and allow the lawyers to assess what half of that really is.

griff450

ThePants999 wrote: »

On the other hand, why even contemplate wasting thousands on fees/stamp duty and all the grief and hassle that accompanies a sale and two purchases, just to line EA's/HMRC's pockets?

Exactly , easily going to be around 10K

steampowered

griff450 wrote: »

But does nature of this action have to go via a solicitor? Or could it be auctioned without, i.e. the father

Your are both joint owners of the property, correct?

You would both need to sign the paperwork to effect a sale.

Unless there is a court order to the contrary, neither of you could complete a sale without the other's consent.

System

AnotherJoe wrote: »

That seems to make little sense. Split the two transactions to keep it simple. If I was your vendor and discovered the mess involved in the sale of your house (which involved you buying it !!!) I'd be looking for another buyer.

steampowered wrote: »

This contradicts your earlier posts, in which you said you wanted to hold on to the property because you had an emotional attachment.

If you are only holding onto the property in the hope its value will go up, that's silly. You have no idea whether property prices will go up or not. It is entirely possible that they will remain flat or go down (particularly if interest rates rise - as they will inevitably do).

AnotherJoe wrote: »

But you've said you are planning to sell it !

I think people are getting confused by the OP's reference to an onward purchase. I believe they meant that there would be an onward purchase if the property was sold on the open market, as they would have to find somewhere else to live. This would mean that selling on the open market is more hassle, compared with the OP buying out their partner and staying in the house. I didn't read this as the OP intending to buy out their partner and make an onward purchase at the same time!

griff450

x-caitlin-x wrote: »

I think people are getting confused by the OP's reference to an onward purchase. I believe they meant that there would be an onward purchase if the property was sold on the open market, as they would have to find somewhere else to live. This would mean that selling on the open market is more hassle, compared with the OP buying out their partner and staying in the house. I didn't read this as the OP intending to buy out their partner and make an onward purchase at the same time!

Yes , correct I'll be looking to buy somewhere else if it does go on the open market, which from experience could take some time.