Selling a house when ex partner does not want to.

Lewiscmac

Hey guys,

Situation. I bought a flat with my partner at the time in May 18. Unfortunately Dec 18 we broke up for various reasons. Since then I have moved back in with my perants and have been trying to sell our flat but she refuses to leave the property or sell.

Detail.
She is currently not working so as a result I am paying all the bills to ensure I do not get a black mark against my name. Her perants are giving her money for food and fuel etc. She will most likely be working again within the next four weeks however.

I put 80% of the mortgage deposit in and she put in 20%. We also have it in writing that should we sell, that is the percentage split we would take.

Solution. I have tried the persuasive option and have even offered to buy her out or give her £5K more than she put in for a deposit but no luck. My only option now is to go to a solicitor which I am booked in for next Friday.

After all that, my question is - does anyone know the near exact process of going through a solicitor for this? Does the solicitor send a letter asking them to sell? Do I and the solicitor take her to court? Is there a set process to force someone to sell? Can I force someone to sell? I really just want to move on with my life but can’t as I need that deposit to get another place.

Any help would be greatly appreciated, thanks.

Slithery

Try offering her more money.

It will probably cost way more than £5k to force a sale through the courts.

Lioness_Twinkletoes

Yeah, I'd be sitting tight if I had somewhere to live, no mortgage, Council Tax or bills to pay and someone else providing the money for everything else. She's got it made!

You shouldn't actually have moved out - this has weakened your position but I appreciate there might be good reason. As you've already offered over the 20% she put into the property you will need to get legal advice on forcing a sale. I have no idea how long it will take but a quick Google shows figures of circa £5k being cited and the time frame being 'many months'. Can you move back in?

Are there any children involved?

goodwithsaving

No advice aside from possibly offering her more money, but thank heavens you protected your respective shares. (Take note those who think Deeds of Trust are an un-romantic exercise)

Flugelhorn

You could move back in ... she might decide to move out then

Marvel1

What bills are in your name (apart from mortgage)? Get them removed.

or

Move back in it's your house also, she had got it made at the moment - do this today.

pinkshoes

1. Move back in

2. Tell her that you will give her £5k if it sells now, otherwise you will take her down the legal route to sell where all legal costs will be deducted from her share so she will end up with nothing.

Give her 7 days to agree to sell.

getmore4less

If you don't move back in get your name off all the bills especially the council tax from the day you moved out.

then you just have the mortgage and insurance to pay.

Lewiscmac

Hmm moving back in would not be helpful as she is super stubborn and wouldn’t leave. Turns out people get nasty in the end.

Ok so do you think I should offer her £15k (she originally put in £6k) to leave and give her untill Friday to decide?

I’m conscious that the cost of selling (5k) + cost of leaving my mortgage early (4K) + legal fees if she won’t sell (5k+) will ultimately end up leaving me with little money back anyway.. maybe I should offer her half?

jlaw4

I'm in a similar situation but i didn't have my respective share protected so i'm STILL waiting for him to decide to sell or buy me out a year on, the only upside is that he pays the mortgage and i pay the bills. I refused to move out when we split and that has strengthened my position so i agree with the others, move back in no matter how difficult it is.

the first part of the process is a letter of intent to sell that will be sent by your solicitors, mine are hoping its enough to put the fear into him to sell as i have around £20K invested in it and he only put £5K in. i offered to pay the costs to move the mortgage into his name and he refused that option.

keep any communication you have recorded, any calls back them up by sending her an email with anything thats agreed (might help if it goes to court) its expensive for both sides to go to court so she might agree to sell if you spell the costs out.

Its a nightmare at the start, but he has started to back down a little now. get firm with her, and stand your ground about living there you own the majority share she should go back to her parents.

Good luck!

kazwookie

Get your name off the bills NOW.

See what advice the solicitor offers you.