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

RAS

Please get proper legal advice.

I was going to suggest checking out wikivorce as that's a good source of help for people trying to organise financial consent orders. Even though you are not married, it might be worth contacting them as they suggest may help with broken co-habitation arrangements.

But be aware that the rules financial settlements for divorce are very very different to those for couple who were not married.  If you are married the court looks at the total package including earnings potential, debts and pensions.  In co-habitation break-down, the usual split is 50:50 of jointly owned property regardless of who paid what, unless you had a deed of trust.

How do you currently own the house, jointly or tenants in common? Did you have a deed of trust?

If it was and still is a joint tenancy, one option would be to severe the tenancy and make a will. If it's a joint tenancy and you die now, your ex becomes the sole tenant and your wife and children (all of them) get nothing. So you may want to secure "your half" first. 

Arguing over who paid what will cost a lot of money, and it may be cheaper just to settle for 50:50. You will be expected to attempt mediation or ADR. Refusing to do so does no favours if it get to court. 

gwynlas

You need a family/divorce solicitor, despite not being married, who will have relevant experience of family law. Question them on this scenario before engaging. if your wifes partner is living in the property they are beneffiting from the home you established and should technically be paying rent though you say it is they who are paying the mortgage. Also check if your wife sought to pay reduced council tax when you left. There appears to be no reason house should not be sold.

DE_612183

newsgroupmonkey_ said:

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.

Ok, so she enjoys his "half of the property" - but he's not paying anything towards his half - she is making the payments for him.

So why should she pay him rent for half the property which she is paying his half of the debt for?

Sorry, perhaps I don't understand the situation correctly!

TripleH

I suspect that he has equity in the property that he wants out and it makes it harder for him to get a mortgage as he already has one (he is liable if she doesn't pay).

It is stupid because if the house triples in value after he left (but rest of area only doubles), he has paid nothing but has seen his equity grow (assuming no formal agreement).

That might be an arguement to get him bought out as he keeps can interest. Say he goes bankrupt, the OR will come along and make noises about reposession plus this association will make her life harder.