Selling a house after a break up

Thrugelmir

Ian815 said:

Problem is, my ex has said he will make it difficult to sell the house as he has no where else to go. 

That's not your problem. You are going your separate ways. Your ex needs to find somewhere to rent. 

lisyloo

Thrugelmir said:

Ian815 said:

Problem is, my ex has said he will make it difficult to sell the house as he has no where else to go. 

That's not your problem. You are going your separate ways. Your ex needs to find somewhere to rent. 

In practice I'd say that's very much the OPs problem.
He can sabotage viewings, block access, delay paperwork etc.

If he's clever he'll do it in such a way it can't be proved to be deliberate 
e.g.
sorry I missed the viewing I had a work emergency
sorry the house was filthy, I wasn't able to clean it due to personal/work emergency.
sorry about the manure I was doing the garden
nope form didn't arrive in the post - sorry.

He can certainly delay a sale to the point the sellers get fed up and go elsewhere and similarly can make the house very unattractive.
He can also refuse offers he doesn't like as can any owner.

Eventually yes he does need to find somewhere but the issue is that the OP will need to force him which is very much their problem.

Thrugelmir

lisyloo said:

Thrugelmir said:

Ian815 said:

Problem is, my ex has said he will make it difficult to sell the house as he has no where else to go. 

That's not your problem. You are going your separate ways. Your ex needs to find somewhere to rent. 

In practice I'd say that's very much the OPs problem.
He can sabotage viewings, block access, delay paperwork etc.

If he's clever he'll do it in such a way it can't be proved to be deliberate 
e.g.
sorry I missed the viewing I had a work emergency
sorry the house was filthy, I wasn't able to clean it due to personal/work emergency.
sorry about the manure I was doing the garden
nope form didn't arrive in the post - sorry.

He can certainly delay a sale to the point the sellers get fed up and go elsewhere and similarly can make the house very unattractive.
He can also refuse offers he doesn't like as can any owner.

Eventually yes he does need to find somewhere but the issue is that the OP will need to force him which is very much their problem.

You've misunderstood my post. If someone wants to be a***h**** then there's nothing one can do about that.  Other than to play hardball. Even if it results in damage to ones personal reputation in the short term. Give the emotional blackmailer more problems to contend with. Don't pay the mortgage for example. 

lisyloo

Thrugelmir said:

lisyloo said:

Thrugelmir said:

Ian815 said:

Problem is, my ex has said he will make it difficult to sell the house as he has no where else to go. 

That's not your problem. You are going your separate ways. Your ex needs to find somewhere to rent. 

In practice I'd say that's very much the OPs problem.
He can sabotage viewings, block access, delay paperwork etc.

If he's clever he'll do it in such a way it can't be proved to be deliberate 
e.g.
sorry I missed the viewing I had a work emergency
sorry the house was filthy, I wasn't able to clean it due to personal/work emergency.
sorry about the manure I was doing the garden
nope form didn't arrive in the post - sorry.

He can certainly delay a sale to the point the sellers get fed up and go elsewhere and similarly can make the house very unattractive.
He can also refuse offers he doesn't like as can any owner.

Eventually yes he does need to find somewhere but the issue is that the OP will need to force him which is very much their problem.

You've misunderstood my post. If someone wants to be a***h**** then there's nothing one can do about that.  Other than to play hardball. Even if it results in damage to ones personal reputation in the short term. Give the emotional blackmailer more problems to contend with. Don't pay the mortgage for example. 

I'm not sure we know enough to advise what the best course of action with the individual is.
It may be in some cases that playing hardball is the best and in other cases it might be highly counter-productive.
Not paying the mortgage MAY have implications for the OPs credit rating.
They may or may not care (we don't know their future plan), but most people wouldn't want their credit rating impaired for 6 years+.

Just because someone isn't doing what you want doesn't automatically mean they are an a***h****, it might be that they are genuinely desperate or uniformed etc.

Yes I don't understand "it's not your problem".
It very much is a problem if you share a large illiquid asset with someone who for whatever reason is not doing what you want.
It's judgmental to conclude they are an a***h***
and not necessarily the best route to play hardball (we just don't know enough).

To play devils advocate
why should he go out of his way in a process he didn't initiate or agree to?
Why should he accept a low ball offer if the doesn't want to?
It's the OP who is making the change unilaterally not the other owner.
We also don't know what they agreed upfront in the relationship.

Ultimately I agree, he has to sell or buy out, however forcing this through the courts and then enforcing a court order is usually what most of us would consider to be defined as "a problem".

clearancer

I agreed to my partner getting 75% of the money from the sale. In the short run I lost out but it was worth the money to get rid of him. 

MysteryMe

The OP hasn't been logged on since two hours after their initial post.

Tranboy

Even if he never returns the subsequent useful postings might help others in similar circumstances.

MysteryMe

The problem was, we never got the full circumstances as the OP never came back to answer the requests for clarification. So no one will know if they are in similar circumstances. It's just people trying their best to second guess what the full scenario is.

lisyloo

Am I correct in saying a joint owner is under no legal obligation to sell outside of court?

markin

A Mark on the credit rating may not be good for any Aus VISA