Joint ownership predicament, buying out my ex

catflappo

I split from my ex about 12 years ago, she stayed in the house we jointly own, rent free but I haven't been contributing to maintenance costs. I paid the mortgage off before I left.
Kids are all grown up and in any case they spent more time with me!
We agree when we split that we'd sell the house and split the proceeds when the youngest reaches 18, which they have.
However, it suits me much better to buy her out and I have offered her half market value.
She wants to put it on the market - which can't be done at the moment - to see if she can get more, while she looks around for somewhere to buy - she is very fussy.
My problem is with her staying there rent free she has no incentive to either accept an offer or to find another place, all the while I'm not getting any benefit from my property.  I can honestly see this dragging on for years.
What can I do, can I force her to sell to me or force her to pay me rent?
I read somewhere that I am entitled to move in?

Anyone know or can point me to a good resource?  All I can find is details about how to force a sale or how to mutually agree a buyout.

xylophone

All I can find is details about how to force a sale or how to mutually agree a buyout.

Those are the options.

https://www.theguardian.com/money/2008/apr/30/property.mortgages

See a solicitor.  He could write making a formal offer of half market value and advising that you will be seeking a remedy through the courts if she will not co-operate?

princeofpounds

Those basically are your main options. There is a third, assuming she has never paid any rent. She could be classed as an excluded occupier, which would open up the possibility of an eviction. But you should probably take legal advice on this because she has a long and slightly complicated history in the property, and if you get it wrong in terms of how her tenure should be classified you may commit illegal eviction.

Yes, you can probably move back in, but again this depends on the exact status of her tenure.

You have perhaps complicated things by offering her half the value of the property. That's not to say it was the wrong thing to do - it might be right. But she may try to claim a beneficial interest in the property to give her some co-ownership rights, and use this as evidence (it depends on how the offer was worded). That's not something to be too afraid of given that you would be happy to give her half the equity value, but it might just change the legal process a bit (and it would remove the possibility of eviction). Another reason to seek legal advice.

But basically, I agree with xylophone - solicitor's letter asking her to make onward plans and facilitate a sale, otherwise you will apply for an order for sale. It does not mean you will kick her to the kerb tomorrow, but it can start the clock ticking. Because you're right - she has zero incentive to move. 

xylophone

There is a third, assuming she has never paid any rent. She could be classed as an excluded occupier, 

But she is a joint owner of the property.

I split from my ex about 12 years ago, she stayed in the house we jointly own, rent free but I haven't been contributing to maintenance costs. I paid the mortgage off before I left.

Thrugelmir

At the appropriate time consult a solicitor. A polite letter from an official source may well show her the seriousness of your intent. Without a nudge she has no reason to do anything. Why would she.  

steampowered

If she is intending to sell the property, it does make sense to put it on the market. She has no need for your money until you find somewhere else. I think you have to be a little bit patient.

Once the property has been on the market for a period of time and possibly some offers received, if she still refuses to get a move on, that's the time to involve a solicitor. 

If you need a mortgage to buy her out, you won't be able to get that at the moment anyway.

If you are going to buy her out in cash, and the cash is burning a hole in your pocket, perhaps find a decent savings account (if you can't take any risk) or put some of it in tax efficient investments  that yield a superior return to property such as a stock & shares ISA or pension (if you can accept the risk that short term investments will fluctuate in value).

greatcrested

Move in. You (joint) own. She'll soon get p8ssed off and start talking compromise....

TBagpuss

It isn't unreasonable for her to want to put it on the market to gauge whet it is really worth - if you then offer the asking price it is harder for her to turn it down - it may be that you can make the point to her that if it is sold to a third party, there will be agents fees to pay, but that if it is sold to you, there won't. 
It's a bit unfair to the potential buyer, but if the property goes on the market and you get an offer she is willing to accept, then you can at that time offer to buy her out for just over what that offer is for. And if she refuses, or indeed if she refuses to follow advice from the agents about pricing of the property, you could apply to force a sale, and then offer to buy her out once the court has determined the property value. 
Were you married, and was there ever a financial order>? I'm assuming not since you don't mention a divorce, but it would give you additional options, potentially. 

catflappo

TBagpuss said:

It isn't unreasonable for her to want to put it on the market to gauge whet it is really worth - if you then offer the asking price it is harder for her to turn it down - it may be that you can make the point to her that if it is sold to a third party, there will be agents fees to pay, but that if it is sold to you, there won't. 
It's a bit unfair to the potential buyer, but if the property goes on the market and you get an offer she is willing to accept, then you can at that time offer to buy her out for just over what that offer is for. And if she refuses, or indeed if she refuses to follow advice from the agents about pricing of the property, you could apply to force a sale, and then offer to buy her out once the court has determined the property value. 
Were you married, and was there ever a financial order>? I'm assuming not since you don't mention a divorce, but it would give you additional options, potentially. 

No, we weren't married, I should have mentioned that in the op thanks.
The problem is the time it will take and the inconvenience it will cause potential buyers and the agents when we have no intention of selling.
She is also unwilling to rent somewhere while she finds her perfect house should we find a buyer, the perfect ingredients for a prolonged procrastination.