Can i force my ex partner to sell our flat we jointly own

supermoneysaver20

Hi there,

I have a help to buy mortgage with an ex-partner, its a 2 bedroom bathroom flat, in a brand new modern development, we split up 3 years ago and i have been living out of the property for 2.5 years.

He still lives there and i rent out the second bedroom and bathroom to a lodger in order to continue to pay my 50% contribution (including mortgage, bills, service charge, ground rent, council tax etc).

We both contribute the same amount to a joint account each month and all the costs of the flat are deducted from this account.

We own the flat and its contents 50/50 and have records of all the payments.

I have a new partner and i would like to sell the property in order to attain my investment and move on with my life, purchase a new property.

The relationship with my ex is very sour, its very difficult to discuss anything with him about the flat, without it turning into a huge argument, not only is it time to move on financial but emotionally it is a huge drain.

For example i recently had to find a new tenant and the room needed some general repair work on it, so i paid for it using the joint account, he then deducted the same amount out of the joint account, just because he felt he shouldn't have to pay for the repairs to the room, although they were general maintenance issues. These constant disputes with him are very tiresome and unfair.

Do you know what my options are in terms of selling the flat? I have told him multiple times that i would like to discuss selling it with him, however he always responds saying 'sell you half if you like i'm not selling mine'.

Can i force a sale? Should i get a solicitor involved? How much will it cost?

Are there other options, for example could i sell my half to a buyer? How would i do this?

Appreciate any help you can provide!

Thanks

foxy-stoat

Speak to a solicitor - they normally give you half an hour for free. It will take time and money.

You can only sell your half of the flat to someone if the ex and lender agrees, which probably wont happen.

I assume your ex cant/wont buy you out.

sal_III

You can force a sale through courts. Solicitors fees are likely to be in £10'000s on both sides, if he is not playing ball.

Try to explain this to him, that going down that road will spell financial ruin for both of you and nothing good will come out.

foxy-stoat

You could stop paying into the joint account that let him pay the mortgage himself - your credit history may take a hit for a few years but it might be sorted quicker than going legal.

Retired_Mortgage_Adviser

Yes there are legal routes but unless you are minted (in which case you would not need to sell the property in the first place) the only parties coming out better off at the other end will be your respective solicitors. Based on the limited information in your post, I would not go down that route myself yet.

I know it is easier said than done but the primary route that you should first fully exhaust is arriving at a mutual agreement as to what to do with the property.

unforeseen

For example i recently had to find a new tenant and the room needed some general repair work on it, so i paid for it using the joint account, he then deducted the same amount out of the joint account, just because he felt he shouldn't have to pay for the repairs to the room, although they were general maintenance issues. These constant disputes with him are very tiresome and unfair.

Sounds like damage due to the tenant. Should have come out of their deposit. You shouldn't get general wear problems on such a new place with only a single occupier of those rooms.

Is the wear commensurate with the wear in the rest of the flat?

foxy-stoat

Seems an odd set up, ex is allowing a stranger to live with him to pay for the other owner's part of the mortgage but doesn't want to buy it outright. Assuming there is equity in the property I would be trying to buy the other owner out, not make if harder for them.

pinkshoes

I split with my ex, and he “rented” the flat (at below market rate) then it was up to him to take in a lodger for the second bedroom. The “rent” paid most the mortgage and the rest we split 50/50.

If YOUR lodger caused damage then your lodger’s deposit should pay or you should pay if you didn’t take a deposit.

Can he buy you out?

You will need to be grown ups here. Why not set a date when the property will go on the market?

need_an_answer

OP is there a reasonable equity in the property if you were to agree a sale or will the cost to sell actually eat it up to an extent that your ex partner will be left unable to make an onward purchase easily.

I suspect that your ex knows very well that he cant afford to live there without your financial help and that's why is being tolerant of the lodger,but he also knows that whilst you may now want to move on and cut ties he simply will not be able to do it alone.

Not your problem per se but neither should he use you as the stabiliser to maintain his living situation.

pimento

Move back in with your new partner. That should concentrate his mind.

Mutton_Geoff

foxy-stoat wrote: »

You could stop paying into the joint account that let him pay the mortgage himself - your credit history may take a hit for a few years but it might be sorted quicker than going legal.

Bad advice I think. You are both 100% liable for 100% of the mortgage, the bank does not split it 50/50. If he can't/won't pay the full amount and defaults, you will both trash your credit rating.


You need to sell up and move on. Legal advice needed.