Helping someone to buy out their ex

alice128

Hello, i wonder if someone might be able to give me some advice for a family member who is in a pickle. 

Essentially she has left a domestic abuse relationship, she owns a home with her ex as joint tenants, and has applied to land registry to change to tenants in common on solicitor advice. Ex is refusing to agree to sale unless she waits an unspecified number of months ‘for him to be ready’, returns to the house to live in it with him, and degrades herself by saying the abuse was a lie etc etc.

 Solicitor says she has grounds for a Court order of sale as he is being unreasonable but could be very costly and take a long time.

I wondered if she could buy him out if he agrees, so she can then sell it. However this is complicated because the home was bought via help to buy scheme deposit (so already has a ‘second charge’). She believes to buy him out she would need to pay his half of the equity PLUS the balance of help to buy, which on her salary alone she won’t be able to afford. 

- does anyone know if you need to pay off help to buy when you buy the other person out? I can’t find anything on this. 

- if she is unable to secure a mortgage to do so, I wondered if I could potentially ‘buy in’ to the house in order to give her funds to pay him off. I assume this would mean I then own a % of the house And would get this back when it sells. I can’t find anything on children paying off a proportion of a parents home for a equity share, or whether I would have to pay the higher rate of stamp duty as I already have my own mortgage so would be a ‘second property’ I suppose. Does anyone know? 

I know there are a lot of risks with this, and I really am just spitballing ideas right now. The stress of this is literally making her sick and I just want to help her out of this situation, as she has helped me financially when I was younger. 

Any input would be gratefully received. 

Thanks