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

Becerrillo

TBagpuss said:

Becerrillo said:

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. 

I very strongly recommend that you get proper advice befor you send a letter to her. I would not use the template above

The first step is to send a letter but you want it to be a formal letter before action and to ensure that it firs in with all the court rukles, to ensure that you don't limit your opportunities to claim costs from your ex if she doesn't cooperate, or limit the amoint you can claim if things take a whle and the value of the house goes up (or your estimate of the current equity is wrong) 

Don't send her anything until you have spoken with a solicitor.

I am assuming that you were not married to her - if you were married, then things are more complicated especailyl as you have since re--married 

No never married to her thankfully. I may ask a colleague at work who has solicitor in the family and see if they would help.

DE_612183

from what I can see NWNF solicitors are all about personal claims for injury and the like - they keep a % of whatever you win - thats not the sort of case you are looking at here - I think you're better off getting a free hour consultation and seeing where you stand.

pinkshoes

I think with the money involved I'd get a PROPER solicitor to send the letter and get the ball rolling. 

fatbelly

I agree with the above. This is not an easy legal process and you need to be ready to commit some funds to it.

I think the relevant law is TOLATA 1996 section 15

https://england.shelter.org.uk/professional_resources/legal/relationship_breakdown/housing_rights_of_married_joint_homeowners/joint_owner_wants_to_sell_the_home

Also, just because you have paid to make an application under that act, does not mean the court will make the order you want. Four options for the court are:

• Refuse a sale
• Refuse a sale but make an order regulating the right to occupy the property
• Order a sale
• Order a sale but suspend the order for a period

newsgroupmonkey_

There's some utter rubbish in this thread. Go see a solicitor.

DE_612183: She's living in a house that he part owns and therefore should be paying him rent for his half.

So saying that she owns all the payments since 2017 is bobbins.

Arguably, half of £514 is very cheap for half the rent of a £325k house.

OP: Get proper advice, not some made up stuff from people on here.

DE_612183

newsgroupmonkey_ said:

DE_612183: She's living in a house that he part owns and therefore should be paying him rent for his half.

So saying that she owns all the payments since 2017 is bobbins.

You may be right - but surely if she is paying the full mortgage - why would she pay rent as well?
If thats the case and he "owns" half - then he should be paying half the mortgage as well?

newsgroupmonkey_

DE_612183 said:

newsgroupmonkey_ said:

DE_612183: She's living in a house that he part owns and therefore should be paying him rent for his half.

So saying that she owns all the payments since 2017 is bobbins.

You may be right - but surely if she is paying the full mortgage - why would she pay rent as well?
If thats the case and he "owns" half - then he should be paying half the mortgage as well?

No, because he doesn't live there. She enjoys his half of the property.

It's a standard thing. His name is on the mortgage too so he's currently liable for it.

Richiem1987

Just be advised, as knew of a few in a smilar situation, the court may not allow you to force a sale until your daughter has left Full time education (not including univeristy, as my own mother thought). They will however put the property in her name (so she is then liable), but there will be a charge against the property that must be paid upon completion of the sale that goes to you. 

Even then, you may only get back a 26k + interest earned when you come to sell it. What you or she pays in Child Maintenance is a seperate issue. The day after she has left Sixth Form or College, you can then start court proceedings to force a sale if she hasn't already got the property on the Market. The court will also put pressure on her or even enforce her to list the property at a cut price to ensure a quick sale. 

elsien

Richiem1987 said:

Just be advised, as knew of a few in a smilar situation, the court may not allow you to force a sale until your daughter has left Full time education (not including univeristy, as my own mother thought). They will however put the property in her name (so she is then liable), but there will be a charge against the property that must be paid upon completion of the sale that goes to you. 

Even then, you may only get back a 26k + interest earned when you come to sell it. What you or she pays in Child Maintenance is a seperate issue. The day after she has left Sixth Form or College, you can then start court proceedings to force a sale if she hasn't already got the property on the Market. The court will also put pressure on her or even enforce her to list the property at a cut price to ensure a quick sale. 

Very much depends on individual circumstances. There is no blanket rule about homes not been sold till a child is 18. After all, the OP is caring for another one of the children who also needs a settled place to live. 

Beetroot_24

DE_612183 said:

newsgroupmonkey_ said:

DE_612183: She's living in a house that he part owns and therefore should be paying him rent for his half.

So saying that she owns all the payments since 2017 is bobbins.

You may be right - but surely if she is paying the full mortgage - why would she pay rent as well?
If thats the case and he "owns" half - then he should be paying half the mortgage as well?

And while she's benefitted from his half of their property, he's had to find rent to live elsewhere. With their son she does not provide for.