Buying ex out of property or selling house altogether?

soysauce1245

Comms69 wrote: »

Why would I panic about it?


Indeed. Consider that whatever option to you is open to him and I suspect that him forcing the buy out of a property you wanted to retain would also leave a sour taste.

Sorry, misscommunication - I'm not saying I would force him to pay my costs. I'm assuming there would also be cost that he would have to pay. For his solicitor for example.

soysauce1245

AdrianC wrote: »

By "paid off the mortgage", I hope you aren't including the interest payments that have been made.

...and he's not even been paying those?

I'm not including interest. But I thought I would give him the last 9 months as incentive/gesture of good will.

Pixie5740

I'm not sure Comms69 is right. I don't think it matters if you to to court to force the sale who it is then sold to, the open market or you. If you have made reasonable attempts to resolve the issue by offering a reasonable split of the equity then the judge can award costs against the ex to come out of his share of the equity if he is being obstructive.

As for Brexit, it's a moot point. No one has a crystal ball so we can't say how, or even if, Brexit will affect house prices. If you want to buy him out, buy him out, if you want to sell then sell, even if it requires taking it to court.

Comms69

Pixie5740 wrote: »

I'm not sure Comms69 is right. I don't think it matters if you to to court to force the sale who it is then sold to, the open market or you. If you have made reasonable attempts to resolve the issue by offering a reasonable split of the equity then the judge can award costs against the ex to come out of his share of the equity if he is being obstructive.

As for Brexit, it's a moot point. No one has a crystal ball so we can't say how, or even if, Brexit will affect house prices. If you want to buy him out, buy him out, if you want to sell then sell, even if it requires taking it to court.

Sorry if my point wasn't clear. Fully agree that costs can be awarded in some cases. But it's not standard procedure.


I don't think that at this stage the OP and the ex are at the point where either is behaving unreasonably.

diggingdude

Ex is being unreasonable surely by not paying half the mortgage yet expecting not to sell. Give him the option to move in and take mortgage over himself, pay half mortgage or sell. When he laughs in your face suggest you will stop paying mortgage and bank can have the house back.

Think I am getting less forgiving in my old age

tlc678910

Hi,
I think it might be worth writing threatening to go to court and stating that due to his unreasonable behaviour in finding a solution you will be claiming any costs associated with this from him. Warn him that these costs will eat up most of his share, and will begin in 30 days when you instruct your solicitor (I don’t know if you could be awarded costs) but it might make him start to try to negotiate with you.
Tlc

getmore4less

What are his finances like?

How much would missing payments and a repo effect him?

paddy's_mum

I wonder if it's the fact that you plan to stay in the house that is making him dig his heels in? Perhaps he feels that he is continuing to fuel and sustain your dream.

In your shoes, what would I do? Without a doubt, I would sell, buy somewhere that has no horrid connections to him, broken dreams and unhappy memories.

Life with a clean slate is often a happier position to be in. Think too about how a future husband might feel at living in the place where so many hopes and plans revolved around the ex-partner and the lost love.

I suspect too that I would prefer to pay out £35k to have a final settlement, peace of mind and an end to the stress. Why not view the extra £10k as investing in your own future and wellbeing unless you actively prefer to be putting the same money into the bank account of your friendly neighbourhood solicitor?

Good luck.

soysauce1245

tlc678910 wrote: »

Hi,
I think it might be worth writing threatening to go to court and stating that due to his unreasonable behaviour in finding a solution you will be claiming any costs associated with this from him. Warn him that these costs will eat up most of his share, and will begin in 30 days when you instruct your solicitor (I don’t know if you could be awarded costs) but it might make him start to try to negotiate with you.
Tlc

Thank you! I was thinking this too. He claims to have spoken to a solicitor who has informed him that I cannot force the sale of the property, but this is clearly incorrect so I imagine he just spoke to a mate in the pub as opposed to actually getting advice.

soysauce1245

getmore4less wrote: »

What are his finances like?

How much would missing payments and a repo effect him?

I don't know for certain anymore, but I imagine they aren't very good. He wasn't ever very good with his money. The problem, is he knows that I am good with my money and that I would never actually allow the missing payment on my credit file. So I don't think he would believe me if I threatened not paying the mortgage.