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Getting someone to buy you out of joint owned home

Ralph93
Ralph93 Posts: 2 Newbie
in House buying, renting & selling
Hi All,

I need some advice please! After a divorce around 9 years ago, we agreed the mother of our child would stay at the marital home and would buy out what she could afford at the time. I now only own a small percentage of the said home, does anyone know how I go about getting her to buy the remainder of the home? Do I need to get legal advice to get her to do this?

Thanks

Comments

  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    Are you still on the mortgage?
    Is she resistant to buying the remaining % ?
  • csgohan4
    csgohan4 Posts: 10,607 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    you can't force people to buy your share if they can't afford it. It maybe it needs to be sold and the proceeds split.


    but with children involved the judge may not do anything until their 18 years old.








    As you mentioned, get legal advice
    "It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"

    G_M/ Bowlhead99 RIP
  • Ralph93
    Ralph93 Posts: 2 Newbie
    No longer on the mortgage. Yes, she won't even discuss it. 2 years ago she said she was getting the house valued and would then buy it after that but it never happened and now the discussions have completely stopped
  • MEM62
    MEM62 Posts: 5,604 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    If your share of the house is a relatively small percentage, litigation may well cost you more than your share of the house is worth. I think persuasion might be the only tool in your box here.
  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    How old are the kids? If under 18 probably you can't force it. Over 18 you can Might she come to a agreement eg she buys out your (say) 10% for what might be (say) 7% of the cost but then You don't have to spend money on legal costs?
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    If you are a joint owner, there's nothing stopping you moving back in.... that's usually a good motivator to solve the issue
  • Exodi
    Exodi Posts: 4,642 Forumite
    Ninth Anniversary 1,000 Posts Hung up my suit! Home Insurance Hacker!
    edited 24 May 2019 at 10:16AM
    Ralph93 wrote: »
    No longer on the mortgage. Yes, she won't even discuss it. 2 years ago she said she was getting the house valued and would then buy it after that but it never happened and now the discussions have completely stopped
    Ralph93 wrote: »
    I now only own a small percentage of the said home, does anyone know how I go about getting her to buy the remainder of the home?

    This really boils down to whether you're still on the deeds. The fact you're not on the mortgage and are divorced means you have very little grounds to enforce an informal agreement between you both if you're not (especially as she's unwilling to discuss it).

    If you are, whilst I think you stand absolutely nil chance of having her and the children removed with the house sold from beneath them by a court, you would be legally entitled to the money eventually.
    Know what you don't
  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    How is it documented that you own a % of the house?
This discussion has been closed.
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