Divorced, forcing house sale

lian332

Hi, apologies if this is the wrong forum, but I have a query regarding my old house, where my ex currently resides.
We parted last year and the house was listed with a local estate agent around August time.
Since then, my ex has developed very selfish and child like tendancies and ignore's all attempt's of rational communication.
One of my main concerns relates to the liquidation of my share of the equity in the property.
Prior to the split, the mortgage and bills were paid from a joint account, to which we both contributed.
I've had a few phone calls from the estate agents, regarding viewing's etc. but its clear that my ex is stringing out the whole ordeal, possibly hoping I'll curl up and *** and he'll assume 100% of any equity.
I'm fairly sure the ex has ignored the advice given by the estate agent, with regard to improving chances of selling etc. as he just wants to stay there.
So my question, what power's, if any... do I have to force the sale of this property (or force him to remortgage or come up with the 50% equity share) so that I can move on?
Kind regards

[Deleted User]

You say divorce - did you lodge a financial consent order with the court and get this agreed by the Judge along with the absolute ? 

greatcrested

What was the financial settlement agreed as part of the divorce?

It's depressing how many threads we see here from people in exactly your position - just search the forum!

But at least you were married. It's 10 times harder for couples who were living in sin unmarried as there is no formal process for them with regards to the various joint assets.

ILBfree1day

If you are in England you can apply for an Order for Sale via the N208 form. Use part 8 if you are not disputing the facts, part 7 if you are disputing the facts.

If the facts remain that you are joint owners as joint tenants under assumed 50/50 equity, unless he has gained a court order stating the opposite, it remains at 50/50. Therefore you are not disputing the facts. So go for Part 8.

And don't fall for any pressure tactics saying that you need to get equity sorted before the sale or that you need to get a Civil Bill deciding equity before any sale can proceed. If he is the one trying to claim more than 50%, then HE is the one needs to go through the lengthy and expensive process of doing this, not you.

The other owner is stopping a sale by no response causing long delays. Highlight this in your application by listing all events that took place in which he has delayed the sale including dates of all letters sent to him with no answer. Ask that the court order a date by which to sell the property. The court can also order who takes over the sale if he is not agreeing with estate agents or stopping viewings or trashing the place to put off buyers, etc, it can either be the court or you takes over this end of things..

As part of the process, the judge will allow a period of eg: 6 weeks to give him a chance to buy out your share. Failing this he will likely order a sale unless there are children involved or reside in the property to be sold or there is negative equity, your chances of getting a sale ordered sound like they are already on a good footing. 

TBagpuss

Were / Are you married, and if so,  Are you divorced, and do you have a financial order? 

If yes, and the order provides for the house to be sold, then you can apply to enforce it. You would need proof that he is delaying things, so get the estate agents to provide written details of any issues -e.g. him not responding / cooperating with viewing, feedback about the property being poorly presented etc. You can then ask the court to make an order requiring him to vacate the property and for you to have conduct of the same.

If you don't yet have a financial order then you need to apply for one, which can be made either by agreement or by a court after a hearing, if you don't agree. You can't start the process in relation to an order unless you have started divorce proceedings.

If you are NOT married then you would be able to apply under the Trust of Land and Appointment Of Trustees Act  (ToLATA) for a declaration of what you interest in the property is (probably 50%) and the an order for sale. 

macman

On what basis are you presuming a 50% share of the equity?
Are you still joint tenants (I hope not) or tenants in common? If the latter, what is the percentage split?
Joint names on the mortgage? Who is currently paying it?

gwynlas

Hello all recent responders post dated April!!!!