Can I Force My Ex To Sign a TR1 Form

[Deleted User]

I have lived in my house with my children for 17 years. The house is in joint names with the ex. He was awarded 38% equity in the divorce 15 years ago.

I want to buy him out now. 

However he won't agree. 

He has taken me to court to enforce the sale order from 2008.

I have had three independent valuations of the house but he said they are fraudulent. He said he wants to get three professional property surveyors so I agreed.

However he has refused to get the professional surveys he wanted saying I have to sell because the court said so and the court will force me out. He is a nasty vindictive man,

I have offered the middle valuation of the house. The valuations are from £365000 to £425000 so I said £400 000 since I have paid all the mortgage interest only payments and all the maintenance costs on his 38% for the past 15 years. He has contributed nothing in child support either. The mortgage we owe is  £365 000 so I don't want to leave myself in a position of negative equity should house prices fall in the future as happens.

He e-mails with nonsense, messing me about and changing his mind all the time. This has been going on for three months now. 

His latest bright idea is that the garage is an annex (kids used it for band practise and sleep overs) and therefore he wants £100 000 more on the house valuation!  This is a lie. 

The hearing is at the end of may. I have the money in place to buy him out.

Is there anything I can do to make him agree to a buy out and the valuations?

I am in considerable distress over this and possibly homeless too.

Anyone have any advice? 

SavingPennies_2

Are your figures correct? I know you've been paying interest only but how can you owe £365,000 on a house bought 17 years ago if the current value is £365,000 - 425,000, surely the value has increased more in 17 years?

canaldumidi

Well clearly you can force him to sign, assuming you have access to firearms. Otherwise......

15 years ago? You're kidding!? Why on earth have you and he dragged this out for the entire childhood of your children?

theartfullodger

Deleted_User said:

I have lived in my house with my children for 17 years. The house is in joint names with the ex. He was awarded 38% equity in the divorce 15 years ago.

I want to buy him out now. 

However he won't agree. 

He has taken me to court to enforce the sale order from 2008.

I have had three independent valuations of the house but he said they are fraudulent. He said he wants to get three professional property surveyors so I agreed.

However he has refused to get the professional surveys he wanted saying I have to sell because the court said so and the court will force me out. He is a nasty vindictive man,

I have offered the middle valuation of the house. The valuations are from £365000 to £425000 so I said £400 000 since I have paid all the mortgage interest only payments and all the maintenance costs on his 38% for the past 15 years. He has contributed nothing in child support either. The mortgage we owe is  £365 000 so I don't want to leave myself in a position of negative equity should house prices fall in the future as happens.

He e-mails with nonsense, messing me about and changing his mind all the time. This has been going on for three months now. 

His latest bright idea is that the garage is an annex (kids used it for band practise and sleep overs) and therefore he wants £100 000 more on the house valuation!  This is a lie. 

The hearing is at the end of may. I have the money in place to buy him out.

Is there anything I can do to make him agree to a buy out and the valuations?

I am in considerable distress over this and possibly homeless too.

Anyone have any advice? 

No.

But may I humbly check - you are refusing to act on a 14 year old court order to sell it? If so because??

Agreement from both of you is needed:. Not just what one party wants, both have to agree, probably some compromise.

Good luck, hope things can be sorted to everyone's satisfaction.

Wonder what he makes of your comments? Wonder what the kids make of your comments...

Sistergold

theartfullodger said:

Deleted_User said:

I have lived in my house with my children for 17 years. The house is in joint names with the ex. He was awarded 38% equity in the divorce 15 years ago.

I want to buy him out now. 

However he won't agree. 

He has taken me to court to enforce the sale order from 2008.

I have had three independent valuations of the house but he said they are fraudulent. He said he wants to get three professional property surveyors so I agreed.

However he has refused to get the professional surveys he wanted saying I have to sell because the court said so and the court will force me out. He is a nasty vindictive man,

I have offered the middle valuation of the house. The valuations are from £365000 to £425000 so I said £400 000 since I have paid all the mortgage interest only payments and all the maintenance costs on his 38% for the past 15 years. He has contributed nothing in child support either. The mortgage we owe is  £365 000 so I don't want to leave myself in a position of negative equity should house prices fall in the future as happens.

He e-mails with nonsense, messing me about and changing his mind all the time. This has been going on for three months now. 

His latest bright idea is that the garage is an annex (kids used it for band practise and sleep overs) and therefore he wants £100 000 more on the house valuation!  This is a lie. 

The hearing is at the end of may. I have the money in place to buy him out.

Is there anything I can do to make him agree to a buy out and the valuations?

I am in considerable distress over this and possibly homeless too.

Anyone have any advice? 

No.

But may I humbly check - you are refusing to act on a 14 year old court order to sell it? If so because??

Agreement from both of you is needed:. Not just what one party wants, both have to agree, probably some compromise.

Good luck, hope things can be sorted to everyone's satisfaction.

Wonder what he makes of your comments? Wonder what the kids make of your comments...

What is wrong with her being the one to buy the property at market value? Court asking them to sell is just so that everyone gets their money? Or is this not correct? 

[Deleted User]

The property has been in negative equity for the majority of the term. It was mortgaged to it' s maximum value just prior to the property crash in 2008. He went bankrupt in 2010 and the house was not included as it had negative equity. 

There are about £7000 solicitors fees added when the house was almost repossessed during the divorce in 2009 when he refused to agree to release funds from our joint account which the solicitors took over, which have been added to the balance. 

The valuation of the property takes into account the leaking roof, failed damp course, misted window glazing and a number of other issues which need sorting which any buyers solicitor would pick up on. I asked him to share the cost of repairs but he refused. 

He has 10 000 worth of credit card charges on the property which he wouldn't be able to pay if he sold sooner. 

Nothing has been dragged out. I stayed put for the stability of my children and he thought he would get more equity in the long run. So it suited us both. 

If we sell by the time all the estate agents fees, solicitors fees, mortgage balance, secured charges, etc have been added up we will possibly owe money to the banks.

theartfullodger

Agreed: If they both agree what the current market value is: 

[Deleted User]

Therein lies the issue.

He has refused to get the professional surveys he said he wanted.

He will never agree to the valuations I have and will not take any action himself. 

He won't get a solicitor either.

Just endless pointless e-mailing.

steve866

If the house is worth £400k with a £365k mortgage, and he owns 38% are you talking about paying him £13,300 to buy him out? 

Is the mortgage in both your names? Will the mortgage company allow you to take on the £365k in your name only based on your income?

[Deleted User]

Yes that is correct. £13.300. The mortgage is in joint names. I have a mortgage ready to buy him out.

[Deleted User]

Another problem I have is that if I put it up for sale  he probably won't agree to sale price and this could go on forever.