Forcing a house sale queries.

Albermarle

housebuyer143 said:

I have seen posts on here about people getting a court order requiring the other person to make reasonable efforts to sell it and they still don't, either because they put off all the buyers or they refuse to accept any offer. This might well happen to you. 

How long is the mortgage fixed for? You might have to explain that you will not be remortgaging and they means unless she buys you out she will have a very expensive mortgage to pay. The issue is while you are linked if she decides she doesn't care about her credit record and stops paying the mortgage, yours will be destroyed in the process. 

Presume in this case the mortgage company would repossess and put it on the market.
So I suppose that might solve the OP's problem in an indirect way .

Sistergold

housebuyer143 said:

turnitround said:

A mate of ours was in this situation and everyone was advising him to move back in but it was the last thing he wanted to do.

He did move back in along with his best mate and his mates dog. He took 2 weeks holiday from work and they stayed up watching tv and listening to music half the night. She was not impressed as she had to get up for work every day.
He did the 'lad' thing and ordered pizza and left the boxes on the floor etc. 

He only ever was going to stay for a short time but told her it was a permanent move until he could afford a different place.  It took her 6 days to agree his terms. He then moved out and they put the house up for sale but he told her that if they did not have a buyer within 12 weeks he was moving back in.
Not suggesting it would work for everyone but for him it worked a treat. 

Your mate is a legend! 

This is one sure way! True legend. I had to threaten this with my ex and meant it. You really need to disturb the peaceful enjoyment otherwise this is going to turn into a lifetime problem! Don’t forget it is also your house stop begging for a sale. She thinks you are desperate! 

Zerforax

You are trying to behave reasonably (and fairly to both sides) but you're assuming she has any interest in doing the same. Either she gets the property for cheaper than she should if you agree quickly or maybe she is just trying to stall for time in a falling market?

Since she is being unreasonable.. I'm fully behind turnitaround's mates course of action!

turnitround said:

A mate of ours was in this situation and everyone was advising him to move back in but it was the last thing he wanted to do.

He did move back in along with his best mate and his mates dog. He took 2 weeks holiday from work and they stayed up watching tv and listening to music half the night. She was not impressed as she had to get up for work every day.
He did the 'lad' thing and ordered pizza and left the boxes on the floor etc. 

He only ever was going to stay for a short time but told her it was a permanent move until he could afford a different place.  It took her 6 days to agree his terms. He then moved out and they put the house up for sale but he told her that if they did not have a buyer within 12 weeks he was moving back in.
Not suggesting it would work for everyone but for him it worked a treat. 

TheParAndEagle

housebuyer143 said:

I have seen posts on here about people getting a court order requiring the other person to make reasonable efforts to sell it and they still don't, either because they put off all the buyers or they refuse to accept any offer. This might well happen to you. 

How long is the mortgage fixed for? You might have to explain that you will not be remortgaging and they means unless she buys you out she will have a very expensive mortgage to pay. The issue is while you are linked if she decides she doesn't care about her credit record and stops paying the mortgage, yours will be destroyed in the process. 

Thanks for your reply, 

we’ve got around 3.5 year’s left on the fixed term mortgage, I expect her to keep paying as she would have a lot more to loose with a bad credit score than me in term’s or day to day and she’d have also been paying me solely for the house in the process, but my solicitor made me aware that could be a possibility now but it hasn’t come to that, it’s more a case of she’s trying to hold me to ransom on the amount she want’s me to accept from her or nothing basically. 

TheParAndEagle

Yes you could say I’m being too reasonable and have been paying up to this point despite not living there ever etc in promise of an easy resolution, and have been told the same thing by the solicitor.

I just want to put myself in a strong position if it does need to go further so I’ve been more than reasonable to the court’s and her then only option is buy me out, sell to me or sell it on the market, hoping that her position is if she does want to sit it out and go to court she’d be advised by her solicitor that she’s in a loosing battle and would only incur more charges so would be more beneficial to resolve it with me now and out of court. 

Obviously moving back is an option but quite frankly have better thing’s to do with my life and in an ideal world just want to cut ties and move on but clearly not everyone want’s to live an easy reasonable life now day’s her being one. 

I can’t see her ever selling to me out of spite regardless of the amount I offer so providing I’ve offered a reasonable amount as far as the courts are concerned I can request what I want to walk away from my share or failing that request the house be sold on the market and we split the profit’s, which if it needed to would be granted legally Is that the assumption? 

Appreciate the help guys 

GDB2222

TheParAndEagle said:

Yes you could say I’m being too reasonable and have been paying up to this point despite not living there ever etc in promise of an easy resolution, and have been told the same thing by the solicitor.

I just want to put myself in a strong position if it does need to go further so I’ve been more than reasonable to the court’s and her then only option is buy me out, sell to me or sell it on the market, hoping that her position is if she does want to sit it out and go to court she’d be advised by her solicitor that she’s in a loosing battle and would only incur more charges so would be more beneficial to resolve it with me now and out of court. 

Obviously moving back is an option but quite frankly have better thing’s to do with my life and in an ideal world just want to cut ties and move on but clearly not everyone want’s to live an easy reasonable life now day’s her being one. 

I can’t see her ever selling to me out of spite regardless of the amount I offer so providing I’ve offered a reasonable amount as far as the courts are concerned I can request what I want to walk away from my share or failing that request the house be sold on the market and we split the profit’s, which if it needed to would be granted legally Is that the assumption? 

Appreciate the help guys 

Yes, it would be granted legally, as you put it. Just be aware that it will cost a lot to go to court, and it’s better to give a bit to your ex, rather than spending even more on legal fees. 

TheParAndEagle

housebuyer143 said:

I have seen posts on here about people getting a court order requiring the other person to make reasonable efforts to sell it and they still don't, either because they put off all the buyers or they refuse to accept any offer. This might well happen to you. 

How long is the mortgage fixed for? You might have to explain that you will not be remortgaging and they means unless she buys you out she will have a very expensive mortgage to pay. The issue is while you are linked if she decides she doesn't care about her credit record and stops paying the mortgage, yours will be destroyed in the process. 

In this scenario, which make’s sense. As I’ve stopped paying the mortgage as explained through the solicitor etc to try and hurry her into a decision, could this be used against me when the fixed term does expire and we would then expect she want’s to make a decision ASAP in term’s of the percentage of the sale value received in one scenario or what I’d be entitled to off her in term’s of equity because she’d kept the mortgage payment’s up on her own up to this point but not for all the term? 

Would it purely be we both own the house 50/50 on the deed’s and that’s all the matter’s in term’s of who’s entitled to what at the point of a sale or share of equity etc. 

Jonboy_1984

For a friend that has just gone through this it was only their fix coming to an end, and them refusing to sign a new one that bought it to a conclusion.

Have you signed up for online banking with the mortgage provider so you can view the mortgage account, ensuring payments are still made and your credit rating isn’t destroyed?

TheParAndEagle

Jonboy_1984 said:

For a friend that has just gone through this it was only their fix coming to an end, and them refusing to sign a new one that bought it to a conclusion.

Have you signed up for online banking with the mortgage provider so you can view the mortgage account, ensuring payments are still made and your credit rating isn’t destroyed?

All good in that sense mate, can’t see that being an issue. Just don’t want to be in a position when the time come’s if this scenario turns out to be the only option that I then have to argue with what I’m entitled to because I’ve not contributed to the mortgage etc for a period in the term, suppose it still could work out cheaper than court regardless anyway with information previous in here. 

k700ta_7

TheParAndEagle said:

Hi,

in a dilemma at the moment and currently going through solicitor’s regarding selling a property jointly owned by myself and my ex partner, and wondered if anyone had ever been in a similar situation and the best advice for a resolution. 

A long story short, we purchased a house, myself being a tradesman carried out all the work to do the property up to how we wanted it, and me myself never moved in, my ex when we decided to call it a day decided she wanted to move in and purchase the property from me. I kept paying the mortgage for the first 6-8 months after on a promise she would either buy me out or sell the property failing that, as she was refusing to sell the property to myself when offered. 10 months down the line and she’s now refusing to do anything apart from buy me out for a well below par offer with a view on that i either accept or force her out at my expense as she’s refusing to do any other. I’ve been advised that we would both be liable for costs if this did happen from my solicitor and my solicitor has now told them I will no longer be paying for the mortgage and she must set up her own direct debit with the mortgage company which she’s agreed to through the solicitors with there thought being it will speed her up into a decision now she’s solely paying. She’s again offered a well below par and equity offer through a solicitor and I’ve now gone back to offer again officially half the equity which is highly expect will be rejected.

has anyone been in this situation before? And offer any advice on next step’s or best solutions? I’m happy to either sell to her for an amount I’m happy with, buy from her if possible or just sell it on the market and split the remaining funds after early repayment fee’s etc.

thank’s for your time

Rory

Hiya I’m just coming across this post on 2025! I am in a similar situation, has it been resolved? I desperately need help