Transfer of equity - separation query.

Watson306

Hi, 
I'm hoping someone maybe able to help me. 
I split from my ex over 3 years ago, and she moved out soon after and was able to obtain benefits and get herself a rental property. 
We initially agreed to sell the property and we then had an offer that we accepted but the buyers buyer pulled out. 
I was then advised to see if I could get a mortgage by a friend which I did and then made her an offer which she accepted. 
I got quite a way through the mortgage process and she then changed her mind.
Because she would lose her benefits. 
I didn't harass her or anything for some time and at the end of last year she came to me saying what are we doing with the house, and indicated that she wanted it sorted as she wanted to buy her own place. 
So I applied for a mortgage again and then made her an offer which she accepted.
We are now at the point (and have been for a couple of months) that she has had the letter from the solicitor regarding the transfer of equity and is obviously stalling. 
I think probably because she will lose her benefits again. Not to mention my worry that she could have quite possibly been claiming HB fraudulently. 
Is there a way of forcing her to sell to me? 
Or what should my next move be as I'm struggling to keep up payments at a high rate of interest. I will be better off each month once I remortgage even with paying her off. 
Thanks in advance. 

greatcrested

The only ways to get her to sell are

* invite her for coffee, provide a nice gateau, and hope to reach agreement

* offer her more money (bribe!)

* take her to court

You say she's your 'ex', so I imagine you were not married, hence no divorce settlement.....

Watson306

greatcrested said:

The only ways to get her to sell are

* invite her for coffee, provide a nice gateau, and hope to reach agreement

* offer her more money (bribe!)

* take her to court

You say she's your 'ex', so I imagine you were not married, hence no divorce settlement.....

No not married which seems to be the stumbling block. 

xylophone

No not married which seems to be the stumbling block. 

Force the sale? https://www.diemlegal.co.uk/court-order-force-sale-joint-property/
Your solicitor could advise that you will go this route if she continues to stall.
In view of her unreasonable behaviour in this matter, it may be that the court would rule in your favour and make her pay the costs?

[Deleted User]

Is your ex's share of the equity more than 16k?  It is possible to claim housing benefit and the value of the equity ignored for up to 6 months following a relationship breakdown if you are taking steps to sell the property.

https://england.shelter.org.uk/housing_advice/benefits/how_to_claim_housing_benefit/how_much_housing_benefit_youll_get

I'm not sure if you could or even should use this as leverage as it might make a bad situation worse.  

Watson306

Lover_of_Lycra said:

Is your ex's share of the equity more than 16k?  It is possible to claim housing benefit and the value of the equity ignored for up to 6 months following a relationship breakdown if you are taking steps to sell the property.

https://england.shelter.org.uk/housing_advice/benefits/how_to_claim_housing_benefit/how_much_housing_benefit_youll_get

I'm not sure if you could or even should use this as leverage as it might make a bad situation worse.  

Yes we've agreed 30k

dimbo61

Do you have children ?
Do you pay child support payments for the kids ? 

Watson306

dimbo61 said:

Do you have children ?
Do you pay child support payments for the kids ? 

We have one. 
And yes I pay child support. 

Watson306

Watson306 said:

dimbo61 said:

Do you have children ?
Do you pay child support payments for the kids ? 

We have one. 
And yes I pay child support. 

Does this make a difference to anyway I can push this forward? 

Watson306

Thought it may help peoples posts if I show my previous question and I was pointed in here:

https://forums.moneysavingexpert.com/discussion/comment/76931822#Comment_76931822