Order of sals

Beeperson

I have been issued with an order of sale on a jointly owned property.  My ex of 8 months now and wasn't married to, has been vindictive to say the least and won't agree on a price for the property for me to buy him out.  This has always been my intention but he would rather it was sold so I don't have my family home which I inherited with my sister before I met my ex.  Yes he's renovated the property, but somehow I have been tricked into giving him 50% share and also have a mortgage with him on his share.  I have been running a holiday let from this property solely in my name and he is demanding I pay him 20,000 for a share he doesn't own.  My question basically is, can a court order a sale on the open market when I am willing to purchase his share, would the court order the amount I pay?   Thank you 

pinkshoes

Is his name on the deeds?

Have you written to the solicitor with an offer to buy him out?

If not, I would list what he has invested in the property and work out fairly how much he is owed. Get an estate agent to value the property, and also get an expert to prove how much the work he paid for increased the value. 

TBagpuss

 court an order a sale but if you state that you are willing to buy him out at pen market rates then they may order that that is what happens. Equally, if the property is marketed then there is nothing to stop you offering £100 more than any offer received from a third party.
But you need proper legal advice from a solicitor with experience in dealing with this type of case. You say that you have been issued with an Order for Sale - if the court has already made an order for sale then it's a bit late to be making offers, if you mean that he has issued an *application* for an order for sale then you can make an open offer to settle, but get proper advice first to ensure that you are protecting yourself legally and in relation to costs .

Exodi

Sorry OP but your post is quite confusing to me. Please could you clarify the following -

• You mention you inherited the property with your sister - does she have an interest in the property?
• Did you originally inherit the property without any debt on it?
• What is the extent of the renovation? More towards hanging some shelves or a loft conversion?
• How did you give him the '50% share' of the property? Did you (and potentially your sister) organise a transfer of equity to him? What is the '50%' you describe made of - is that just his share, or 50 (your sister) /25 (you) / 25 (him) - or something else?
• You say he took out a mortgage to finance his share - where did the funds go then? Why are you on this mortgage?
• Where are things now? You say you've been issued with an 'Order of Sale' - which suggests this may have already been through court? Were you aware beforehand?

I think clarity on these matters would help advise more but be honest, the 4th point is probably the only point that matters.

If you have not made a fair (or any?) offer to buy him out of his share, and are using the property yourself, then it would seem he would have no other option but to pursue an order of sale. There's a difference in 'being willing to purchase his share' at a value you deem fair, and what he deems fair (and is potentially legally entitled to).

Beeperson

Sorry, I will clarify.  I've have been issued with an application for an order of sale. 

My sister has received payment for her share of the probate valuation, and the mortgage was taken out in effect to pay her out.  The excess money from the mortgage my ex took to cover his material costs.  My sister is no longer connected to the property.

Yes property inherited without any debt.

The renovation was new roof, ceilings, plumbing, wiring, new kitchen, bathroom etc. 

As I was already a 50 percent owner, when the mortgage was taken out the solicitors put the whole estate as joint tenants, so I seem to still only own 50 and the mortgage was a joint mortgage.  Clearly the mortgage should have been just his, or I should have been given 75 percent of the property.  He insisted it was 50 50 at the time.

No idea why, clearly looking back I shouldn't have been.  Most of the mortgage money went to my sister for her share and the rest he transferred to his account.  I didn't see a penny of it. 

At present it's an order of sale application

I have made an offer, a fair one, but he seems to think he can add money on for a business that is solely in my name.  At the end of the day he is bitter because I left his controlling relationship and he doesn't want me to have the house, he wants to see me loose it. 

Hope that helps you to understand.  Thank you 

Exodi

Thanks for the clarification, makes much more sense now.

Unfortunately, while I believe you would have had to have been on the mortgage regardless (I believe most mainstream lenders generally require parties with a beneficial interest to be parties to the mortgage) - you certainly should have held the property as tenants in common declaring your unequal contributions, rather than as joint tenants. I'm suprised the solicitor didn't give you advice on this, given your circumstances.

As it stands, you would both get the same amount from the property after the mortgage is paid off - which doesn't seem right or fair.

Unfortunately if he is not amicable to helping you resolve this, you may be forced to take this through the courts and argue why you believe he should not receive the half he is (legally) entitled to.

Is there any option to increase your offer, just to get this resolved? If he's not asking for 50/50 then all hope is not lost. I guess my point is if you are arguing over a couple of K, it will cost far more than this if he decided he wants 50% and you have to take him to court.

Hope it all works out, pretty sad situation to be honest.