My ex will not sell house am I stuck? (we own house)

Becerrillo

Hi all

My situation is complicated, I co own a house (in common) with my ex. We split up acrimoniously in 2017 she refuses to sell the house. I put all my savings into the property and am left with nothing, i now rent a house with my wife and obviously want to start a new life with her and buy a house together for our family. Myself and the ex have two children together my son aged 9 lives with me and my daughter aged 11 lives with her the ex is adamant she does not have to sell nor does she have to buy me out. The equity in the property we own is around 140k so split between the two of us she has more than enough to buy a new home. I guess my question is how do i start the process of getting her to sell?  Someone suggested that i write a letter to the ex but i am really clueless about what i should write as i do not want to jeopardise any potential sale.  Amy advice would be really appreciated. 

elsien

What's the reason that she doesn't want to sell up? Does she earn enough to be able to buy you out on the property or is that not affordable for her - her reasoning may affect how you choose to deal with this.

If she really isn't going to budge then you're eventually looking at taking legal action to get thing sorted. Which could end up very expensive for both of you. I would suggest trying mediation as a starting point, And also have a think about whether you would be willing to offer a higher share of the equity in order to avoid court proceedings?

Becerrillo

Hi thanks for reply, she refuses to work she sent me a text saying that her partner works and they are both "comfortable" her reasons for not selling or buying out are unclear. She has been really unreasonable, harassing me at work, running a knife over my car, turning up at my doorstep and getting her partner to try and fight me etc this is the sort of person i am dealing with. I was considering one of those no win no fees solicitors but obviously i am worried that i would likely come away with very little to show for it. She has defaulted on mortgage payments a few times so it is affecting my credit record too. Just feel completely stuck. 

elsien

I don't think this is the sort of case a no win no fee solicitor would take on, if I'm being honest. Or they may bail out part way through if it's looking like it's not going anywhere or the cost is approaching any equity you might be due. 
You need proper legal advice for these cases even if it's going to cost you. Even if you book an hour with one just to get a clearer overview of your options. 

pinkshoes

Becerrillo said:

Hi thanks for reply, she refuses to work she sent me a text saying that her partner works and they are both "comfortable" her reasons for not selling or buying out are unclear. She has been really unreasonable, harassing me at work, running a knife over my car, turning up at my doorstep and getting her partner to try and fight me etc this is the sort of person i am dealing with. I was considering one of those no win no fees solicitors but obviously i am worried that i would likely come away with very little to show for it. She has defaulted on mortgage payments a few times so it is affecting my credit record too. Just feel completely stuck. 

Sounds like you need to be rid of this ex! Is there still a mortgage and who is paying it?

I would send her a firm letter, sent with proof of postage giving her options and a dead line to reply by. No solicitor required at this stage.

Dear <ex>

Since our relationship ended in <month> 2017, you have been living in our jointly owned home. 

As we have both moved on with new relationships and have 50/50 custody of the children, then I now need my share of the equity to move on.

Although I put down the vast majority of the equity and can prove this, I am happy to let you have half the equity in the property if you cooperate in the transfer of equity.

Please let me know which option you prefer:

Option 1 - selling the house, and the equity after all costs and mortgage redemption being split 50/50. You can use your share of the equity to buy a new home. 

Option 2 - You paying me £70k and having the mortgage put into your own or partner's name(s) and me being removed from both the deeds and mortgage.

Option 3 - you move out of the house, I will pay you £70k and remove you from the mortgage/deeds. The house will now belong to me and you can use the £70k to buy or rent a new home.

You have 28 days to respond to this letter which has been sent with proof of postage.

Failure to respond will result in court action and forcing the sale of the house. All costs involved in this process will be taken from your share of the equity as I will be able to demonstrate to the court that you are being unreasonable in your choice to refuse to sell. 

Yours,

Becerrilo.


(The above will also depend on who has been paying mortgage etc...)

Becerrillo

Thank you so much for advice. In terms of rid of the ex, Yes very much so, it has been a time of extreme stress, the property is a major part of her power over my life. I paid the full mortgage costs until 2017 and then after i contribute towards payments by way of supporting my daughter too. I will definitely use your template. 

DE_612183

How long has the mortgage been for ?
Who paid up to 2017 ?
Who's been paying since 2017 ?

You may need to calculate who has contributed what to decide whether the equity split is 50/50 ?

Becerrillo

How long has the mortgage been for ? since 2011 
Who paid up to 2017 ? myself and her
Who's been paying since 2017 ? her partner she has no income

house value 325k

bought for 155k

108 left on mortgage 

DE_612183

yes, but you said you paid deposit - how much?

she has been paying since 2017 - what was the monthly payment?

How many years before 2017 were you both living together jointly when the mortgage was being paid ?

DE_612183

you also say the equity is around £140k - but if the property is worth £325k and the mortgage is only £108k - that's £217k equity - even if you take out fees ( for sale only is usually only 1K - £1500.

Becerrillo

yes, but you said you paid deposit - how much? ah no she put the deposit down, i put the 28k into the home to refurb it all windows, boilers radiators, bathroom, doors, chimney repairs etc etc 

she has been paying since 2017 - what was the monthly payment? 514 per month

How many years before 2017 were you both living together jointly when the mortgage was being paid ? 6 years