Partners ex obstructing house sale

K.N.2303

Hi all,

Me and my new partner wish to but a new house together. My partner still jointly owns another property with his ex partner (she currently resides there and has done for the last 2 years with her new partner and baby!) He has tried so many different avenues trying to sell since he moved out 4 years ago but she is obstructing the sale.

Excuses to date are: she was going to buy him out, dragged her heels a bit then decided she didn't want to, then her uncle was going to buy them out, then they changed their minds, then she was ill, then her family members were ill and she was under stress so couldn't sell, then she was pregnant and ill, then she had the baby and the baby was ill. She finally put the house up for sale in October (after 3.5 years) but whenever the estate agents try to organise a viewing with her, she only gets back to them on a Friday evening in which case the viewers may have found another property and then the ones booked in - she cancels the viewings last minute. Then she advised them she couldn't have viewers for a while, then she has advised she has people staying over for the foreseeable future so cant have viewers.

We are both at our wits end - my partner believes the reason for this firstly was in spite as it was not a mutual split on her behalf and also because she may struggle to get another mortgage as her credit rating is low.

We are in a position were we cannot buy our own property as his joint mortgage is taken into account, but she just seems to be obstructing the sale! We have a deposit but unable to get a joint mortgage for a decent amount.

Do you have any advice on the above? My partners solicitor doesn't seem to be as bothered as he isn't pushing anything. He threatened court 5 months ago but she is still being uncooperative. My partner wont actually get much from the sale of the property which I fear will end up just going on court costs but the biggest issue is us not being approved for a mortgage!

Thanks,

Comms69

Find £5-10,000 and go to court to force a sale.


OR buy her out?


OR move in yourselves

david1951

Get a quote from a property disputes solicitor (not a conveyancer) for forcing a sale through the courts, and then seek their advice (e.g., how to force viewings, etc). As noted above, be prepared for a quote of five figures for taking this all the way, although hopefully once the solicitor gets involved that won't be necessary.

Golfcat

I'm with the get your partner (and you) to move back in.....might make the ex think a bit more about the selling option being best!

fairy_lights

K.N.2303 wrote: »

My partner wont actually get much from the sale of the property which I fear will end up just going on court costs but the biggest issue is us not being approved for a mortgage!

Who's paying the mortgage at the moment, just the ex or is your partner contributing? Would it be possible for her to take the mortgage on in her name only? If she's been making the repayments on her own for the last 4 years this could be possible.
As your partner wouldn't get much from the sale of the property anyway, would he consider signing his share over to her for no cost? (other than necessary legal fees) This way she gets the house, and he is free to get a mortgage with you. Not ideal if it means losing his share of equity in the house but if there isn't much anyway it could be something to consider.

xylophone

Can you and your partner obtain a mortgage to buy out the ex partner so that she goes elsewhere and you and he move into the house together?

You could fully redecorate and refurbish.......

steampowered

Issues like this can easily drag on for years.

I would get a solicitor to send a letter saying that, unless she starts co-operating with the sale process, he will be applying to court for an order for sale, together with an order that all legal costs incurred are deducted from her share of the property.

I would then get the estate agent to proceed with viewings - and start court action if she still fails to co-operate.

K.N.2303 wrote: »

My partners solicitor doesn't seem to be as bothered as he isn't pushing anything.

I think this is an unfair comment.

Solicitors act based on the instructions they receive from their client. If your partner wants things to move forward, he needs to take the initiative by arranging to speak to the solicitor about the best way of moving things forward. Otherwise nothing is going to happen.

The solicitor won't start doing more work on the case without being asked. To put it another way - would your partner be pleased if he suddenly received a large bill from the solicitor for work he wasn't asked to do?

Your partner should be speaking to a property disputes lawyer. NOT a conveyancing lawyer.

maisie_cat

I agree with the moving back in, my ex would not buy me out and moved his girlfriend in. In the end I told him I was moving back in and he changed his tune pretty quickly.

fairy_lights

steampowered wrote: »

I would get a solicitor to send a letter saying that, unless she starts co-operating with the sale process, he will be applying to court for an order for sale, together with an order that all legal costs incurred are deducted from her share of the property.

I would then get the estate agent to proceed with viewings - and start court action if she still fails to co-operate.

That's all well and good but if the ex knows he can't afford to follow through with the threat of court then she could easily call his bluff and say 'No'. Plus if he instructs an estate agent to carry out viewings without her consent things could get very messy very quickly and ruin any chance of finding an amicable solution.

TBagpuss

Your partner should get the estates agents to write, setting out the difficulties they have had arranging viewings (and any feedback they have had after viewings).

Your partner should then speak to his solicitor about progressing things.
Is the solicitor someone who deals with TOLATA litigation? if so, talk to them about sending a formal letter before action and then starting proceedings. If not, ask them to refer you to someone who is (either within the same firm or outside it)

If he had to go to court then he may be able to claim some of his costs back from his ex, but only he has followed all the technical rules correctly for the court process, so make sure that the solicitor is familiar with these. (Because he and his ex were not married, this will not be in the family court, so a litigator, rather than a family lawyer, may be the correct person to use)

Thrugelmir

Be helpful if you answered some of the questions that have been asked.