Forcing a House Sale? 30 December 2022 at 3:15PM in Mortgages & endowments 2 replies 410 views

okeefa

When I first obtained the property with my ex we had an interest only mortgage. We split and my ex continued to enjoy the property, with my children, for around a third of the rental value. She was paying the mortgage and I was paying CSA, so no problem.  She remarried and continued living in the property as previously.  My children are now past CSA age and my ex has decided with the interest increases of recent times she can no longer afford the mortgage and I paying roughly 50%, which is still only two thirds of the rental value.  She also feel aggrieves that I have 50% stake in house but she has being paying the mortgage.  The house is on the market but there is no interest. To save both of our credit files if the arrears exceed one months, I have suggested a few options to delay the sale I.e. rent it or dispose quickly by auction, I have also offered to pay the difference so long as I a recompensed when it sells but these have all fallen foul of an agreement.  I feel my only available play now is to apply to the courts to force the sale quickly or order that I am recompensed when it sells.  I guess my question is can anyone recommend a solicitor who will be strong and robust to push this through? Thanks in advance. 

user1977

Probably more for the House Buying/Selling board as it's not really a mortgage query, but how long has it been on the market and what's been done to review the marketing e.g. lowering price etc? Selling conventionally is going to get a better price than auction or a forced sale. In practice, a threat to force a sale is likely to gain the other party's cooperation (given the significant costs involved) and not actually need to be followed through.

Sg28

okeefa said:

When I first obtained the property with my ex we had an interest only mortgage. We split and my ex continued to enjoy the property, with my children, for around a third of the rental value. She was paying the mortgage and I was paying CSA, so no problem.  She remarried and continued living in the property as previously.  My children are now past CSA age and my ex has decided with the interest increases of recent times she can no longer afford the mortgage and I paying roughly 50%, which is still only two thirds of the rental value.  She also feel aggrieves that I have 50% stake in house but she has being paying the mortgage.  The house is on the market but there is no interest. To save both of our credit files if the arrears exceed one months, I have suggested a few options to delay the sale I.e. rent it or dispose quickly by auction, I have also offered to pay the difference so long as I a recompensed when it sells but these have all fallen foul of an agreement.  I feel my only available play now is to apply to the courts to force the sale quickly or order that I am recompensed when it sells.  I guess my question is can anyone recommend a solicitor who will be strong and robust to push this through? Thanks in advance. 

I have a friend, whos estranged husband is living in a jointly owned house paying no mortgage or bills which are all covered by the wife who is living with her parents. The last couple of months she is trying to force the house to be sold as she cant afford to keep paying for it. She has just got a court date of July 2023.

Im sure its different circumstances for you, but forcing the sale might be long a difficult. Can you not agree to drop the price? You'd probably get a better price still than at auction.