Can I sell my house if partner doesn't want to?

ohthedrama

Hi,
 I'll try to be as short but detailed as possible. 

Me and my now ex partner bought a house and had a mortgage 10 years ago.
Unfortunately we have split up 1 year ago.
He moved out but we kept the mortgage,  I lived there with the 2 kids and he went to a friend's for 7 months .
The cost of living was crippling us as he had to pay rent aswell. Plus he wasn't seeing the kids as much as possible.   
Anyway we decided he move back in.  He stayed in the house for 3 months and then he bought a large metal shed for the bottom of garden. He insulated it and stays there at night. The kids stay there a couple of nights, which is fun for them.  Obviously he is always in the house for cooking, bathroom washing plus generally in there etc...

We get on and are friends. 

However, I have moved on and i stay away from the house half of the week with my new partner. My ex partnee stays in the house for this half of the week. He stays in son's room and he stays in my bed.

Everything is fine and suits us both. 

Next year, I will want to sell the house as I'm now getting serious with my new partner. 

My ex said he is not going to sell. He can not afford a new mortgage or to buy me out, he does not want to leave the family home. He said he is not spending the money he has from the sale of the house on rent as prices are so high. 

What can I do should that time come and it will.
Do i go to court to force him to sell.

He said he can buy me out if I wait 3 years but not next year.


Can I have advice and opinions on how we both proceed. I would like everything to be objective, and factual and without bias for me or him.

We will both be reading this post.


😊🙏😊 thanks 

macman

How is the property owned? Joint tenants or tenants in common?

pinkshoes

Ultimately, no one can really afford to buy at the moment due to interest rates rising, so it really isn't a good time to sell!

You can try and force the sale, but the court would perhaps see it as not in the best interest of the children, and if he has already said he can afford to buy you out in 3 years, then that isn't THAT long to wait, especially as it is the kids' home!

Why not move in with your partner, then your ex can stay at the property with the kids? 

You can then stay in the metal shed thing or in one of the kids rooms when you have time with the kids...

ohthedrama

macman said:

How is the property owned? Joint tenants or tenants in common?

Hi
Joint tenants...

ohthedrama

pinkshoes said:

Ultimately, no one can really afford to buy at the moment due to interest rates rising, so it really isn't a good time to sell!

You can try and force the sale, but the court would perhaps see it as not in the best interest of the children, and if he has already said he can afford to buy you out in 3 years, then that isn't THAT long to wait, especially as it is the kids' home!

Why not move in with your partner, then your ex can stay at the property with the kids? 

You can then stay in the metal shed thing or in one of the kids rooms when you have time with the kids...

Thanks

Me and my new partner will be buying a new house hopefully if we continue together next year, Ill need the money from my house sale. 

I'm just trying to establish what the court would say...

SuseOrm

So a year after meeting your new partner you’re ready to upheave your children and move in with them at the expense of the relationship they have with their father and the 50% childcare you have available to you in order to actually pursue this relationship ?  

Id think very carefully before attempting to blend families at this early stage.  

Nevermind the house.  

If you actually divorced and have a consent order signed then yes you potentially can force the sale which will take about two years maybe longer if he appeals it he’ll cost you about 50 grand in court costs between you.  

But the damage you will do to your relationship with your ex and potentially your children when they find out what you’ve done will be irretrievable.  

jcuurthht

pinkshoes said:

Ultimately, no one can really afford to buy at the moment due to interest rates rising, so it really isn't a good time to sell!

I'm currently selling and had 6 viewings on Wednesday, and 3 offers. People will always be able to afford houses. 6% interest rates are nothing out of the ordinary (they are actually a bargain if rates continue to rise).

kingstreet

Bother owners need to agree. If not, one will have to go to court to force a sale.

ohthedrama

kingstreet said:

Bother owners need to agree. If not, one will have to go to court to force a sale.

Hi, do you have any idea of how long these things take to get to court and could the court say no to forcing the sale?

ohthedrama

macman said:

How is the property owned? Joint tenants or tenants in common?

macman said:

How is the property owned? Joint tenants or tenants in common?

Joint tennants.   I now want to sell the house,.  How long would it take to get to court?  Thanks

ohthedrama

pinkshoes said:

Ultimately, no one can really afford to buy at the moment due to interest rates rising, so it really isn't a good time to sell!

You can try and force the sale, but the court would perhaps see it as not in the best interest of the children, and if he has already said he can afford to buy you out in 3 years, then that isn't THAT long to wait, especially as it is the kids' home!

Why not move in with your partner, then your ex can stay at the property with the kids? 

You can then stay in the metal shed thing or in one of the kids rooms when you have time with the kids.....

Hi , basically I'm taking him to court. I need to get a solicitor , but im wondering how long this process takes and whether i will be successful ?