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

supermoneysaver20

Thank you for all your replies!

Ideally i don't want to force his hand by stopping the mortgage repayments, as i don't want to affect my credit, i am sure he would just go find a tenant himself to make sure he can still afford it. Although its tempting to move back in with my partner, he's so stubborn i'm afraid even that this wouldn't work!

I would like to avoid very expensive legal fees if possible.

I think next steps is to try and understand what his long term plan is too.
Other than asking him the following questions, do you think these is anything else i should ask or point out?

What are your thoughts in regard to selling?
• When do you envisage selling the property?
• Would you want to become the sole owner at some point, is this financial viable for you?

In terms of mortgages and loans
• What are your thoughts in terms of a financial arrangement when the help to buy needs to start being repaid?
• What are your thoughts when the 2yr mortgage term comes to an end?

DigForVictory

Spend half an hour with a solicitor about the processes & costs of forcing a sale. Show this document to your ex & invite him to imagine how much it might cost in another 5 years time or whenever he wants to do something different.

If he has himself moved on to another relationship, quietly ensure the other party gets to see it too. You may find you have an invisible ally.

Negotiated agreement is the cheapest way forward, then buying him out, then forcing it to court. How much money do you want to lose? It might help if you could step away from the language of "he's so unreasonable" towards "we are stuck in this together let us help each other out (that we can then go our separate ways)"

Also, go careful over Christmas. It's a very stressful time anyway. If you can afford to, get the info but leave the discussion til nearer Easter?

princeofpounds

I'm surprised that no-one has mentioned the term 'order for sale', as that is what you would be pursuing if you go down the court route. Google it and you'll get lots of information.


There is little doubt that you would be able to win - property-owning partners (in the business sense rather than romantic) are generally not allowed to tie in others unless there is an explicit contract to do so.


But yes, it would cost money, it would take time, and it runs the risk of silly games being played in the meantime (such as, for example, disrupting 'your' lodger's occupation).


The cost is not necessarily horrific, but it would be in four figures. It may not be large in proportion to the house price, but it might be a larger portion of your equity in the house.


This is especially the case if your ex remains permanently non-cooperative, as he can make it look unattractive during viewings and depress the price a little (although this is probably less likely than you might think as it would also damage his eventual share of the equity).


So a negotiated settlement should be what you shoot for first. I wouldn't be too tentative about it - your questions sound rather softball. You have to make the point to him that the situation isn't sustainable and you will have to sell at some point. But if you can work out between you the best way to go about it then it can work out better for both of you than a legal battle would.

cc58

Something else to think about that OP touched on is what will your payments on your mortgage go up to when your fixed period ends, im guessing as that was one of her questions this may be soon? Your Ex may not be thinking about it sensibly but when the fix ends and your mortgage is likely to jump up this may focus his mind as you'll obviously not be entering a new mortgage with him so this may be another thing that'll help get him to sell.

Mutton_Geoff

DigForVictory wrote: »

Also, go careful over Christmas. It's a very stressful time anyway. If you can afford to, get the info but leave the discussion til nearer Easter?

Why wait for another quasi religious holiday? Christmas is finished on the 27th, a week from now. Give them the benefit of a break, go back in on the 2nd Jan!