Split with partner, ignoring, force of sale

lullabellez

Hi im hoping you can help me.
I split from my partner 2 years ago and we co-own a house. The contract of sale was signed as 50/50 and we were engaged to be married. There was every intention for this to be our forever family home. Upon breaking up I was removed from the joint account which was paying the mortgage and the bills under the understanding that there would be a finalisation of the house. I required an important document that was sent to the wrong house, so upon calling in I found out he had also changed the locks! I have not been able to have access to the house in nearly 2 years, the value of the house has been agreed but since he has been ignoring all correspondence from the solicitors. He has been paying the mortgage while I have been renting a room from someone, although I am fully aware that if he is unable to pay I am compliant in paying the mortgage until he pays my half. I am also aware that his brother now lives within the property, without my consent and has been for the past 2 years.
My worry is because he has taken me off the joint account and has been paying the mortgage on his own for the past 2 years I will end up with nothing. I also have money tied into the house as I paid for the refurbishment, upkeep, the quarterly bills and the yearly bills upon living there. Would this make a difference in what I am owed as he has been paying the mortgage but stalling in the payment for my half of the house? He has made it clear that he expects me to walk away from the property with nothing. As he has ignored me and has now locked me out of the house for 2 years i have no other option for a force of sale but I'm worried that I will end up going to court and not getting what I am owed because I have been removed from the bank account and locked out!
Has anyone else been through the same thing? How did this work out for you? My solicitor has assured me that I will get half of what I am owed despite the circumstances as he has intentionally ignored my correspondence and dragged this out.
Please help! I want this sorted.

Slithery

Move back in?

lullabellez

I have considered it but it still doesn't free me of the house. I never want to see him again or speak to him again and this is the final thing that needs to be dealt with but he's ignoring it

AskAsk

under law you are entitled to 50% of the property value as it is 50/50 split.  whoever pays the mortgage doesn't really matter.  so he may be doing himself in by paying the mortgage himself!  how long ago have you instructed your solicitor?

[Deleted User]

He is paying the mortgage but getting the benefit of living there so equals out. It doesnt take away what you are owed. 

lullabellez

I've been seeing a solicitor since the split, so for nearly 2 years now. I've contacted them today saying that this needs to go ahead with the force of sale now. I didnt want it to be like this but I don't see any other option. I've been more than compliant with him and still had nothing in return, they even informed me that I am entitled to 50% of the contents of the house. I told them I'm not bothered and that he can have the lot as this makes it easier. I just want my half and it to be done with.

AskAsk

lullabellez said:

I've been seeing a solicitor since the split, so for nearly 2 years now. I've contacted them today saying that this needs to go ahead with the force of sale now. I didnt want it to be like this but I don't see any other option. I've been more than compliant with him and still had nothing in return, they even informed me that I am entitled to 50% of the contents of the house. I told them I'm not bothered and that he can have the lot as this makes it easier. I just want my half and it to be done with.

so have you been trying to force the sale of the house for 2 years?  if so, that is a very long time to get your money back.

lullabellez

AskAsk said:

lullabellez said:

I've been seeing a solicitor since the split, so for nearly 2 years now. I've contacted them today saying that this needs to go ahead with the force of sale now. I didnt want it to be like this but I don't see any other option. I've been more than compliant with him and still had nothing in return, they even informed me that I am entitled to 50% of the contents of the house. I told them I'm not bothered and that he can have the lot as this makes it easier. I just want my half and it to be done with.

so have you been trying to force the sale of the house for 2 years?  if so, that is a very long time to get your money back.

No sorry, I didn't make that very clear. The price was agreed and for 2 years I have been trying to get him to respond for him to buy me out. A force of sale was suggested in January and I didn't want to do it. I have given him so many chances to respond and buy me out but he keeps ignoring me. So today I have emailed my solicitor and said that a force of sale may be my only hope and if she sees fit to put an application in.

AliasOmega

Well, you dont need to force the sale of the house, the goal is "to be removed from the mortgage". That should be the aim of the game, not to force the sale. The force of the sale maybe the answer, but its not how to tackle it. You could take the view to him that he doesnt own the property in full, and when he comes to sell, you want half the profit (in full) despite not paying the mortgage.

If you know his wages, perform an online mortgage calculation and workout what he can afford. If he can afford the mortgage, its just a case of the legal paperwork stuff to transfer the equity from you, onto him fully and remove you from the mortgage liability, this is so you can buy a house in the future.

The final step, as mentioned above would be to move back into the property. Turf his brother into the bedroom with him, and if things "kick off", you can explain to the brother that you are the victim here. The police can be called, they will do nothing about it, as its your house too.

AskAsk

lullabellez said:

AskAsk said:

lullabellez said:

I've been seeing a solicitor since the split, so for nearly 2 years now. I've contacted them today saying that this needs to go ahead with the force of sale now. I didnt want it to be like this but I don't see any other option. I've been more than compliant with him and still had nothing in return, they even informed me that I am entitled to 50% of the contents of the house. I told them I'm not bothered and that he can have the lot as this makes it easier. I just want my half and it to be done with.

so have you been trying to force the sale of the house for 2 years?  if so, that is a very long time to get your money back.

No sorry, I didn't make that very clear. The price was agreed and for 2 years I have been trying to get him to respond for him to buy me out. A force of sale was suggested in January and I didn't want to do it. I have given him so many chances to respond and buy me out but he keeps ignoring me. So today I have emailed my solicitor and said that a force of sale may be my only hope and if she sees fit to put an application in.

i see, that makes more sense as i thought blooming heck, that is a long time for the hand of the law to act, lol.
so you mean you had agreed with him how much he was going to pay to buy you out 2 years ago, but he hasn't stumped up the money?

lullabellez

AliasOmega said:

Well, you dont need to force the sale of the house, the goal is "to be removed from the mortgage". That should be the aim of the game, not to force the sale. The force of the sale maybe the answer, but its not how to tackle it. You could take the view to him that he doesnt own the property in full, and when he comes to sell, you want half the profit (in full) despite not paying the mortgage.

If you know his wages, perform an online mortgage calculation and workout what he can afford. If he can afford the mortgage, its just a case of the legal paperwork stuff to transfer the equity from you, onto him fully and remove you from the mortgage liability, this is so you can buy a house in the future.

The final step, as mentioned above would be to move back into the property. Turf his brother into the bedroom with him, and if things "kick off", you can explain to the brother that you are the victim here. The police can be called, they will do nothing about it, as its your house too.

Yes i want to be removed from the mortgage and I'm more than happy for him to have the house. All I want is what I'm owed. He is able to afford the house, thats why he stayed in it and continued living there and paying the mortgage but he wants me to sign the papers to get me off the mortgage and not get a penny from the house. Despite me putting into it too! 
I have been very compliant with a lot of it by giving him all the contents and giving him more than enough time to collect the money together but he's just ignoring it.