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    • jacknjill258
    • By jacknjill258 9th Oct 17, 11:50 AM
    • 3Posts
    • 0Thanks
    Don't want to sell my house
    • #1
    • 9th Oct 17, 11:50 AM
    Don't want to sell my house 9th Oct 17 at 11:50 AM
    My partner had an affair, left me and moved out 6 months ago and we have a joint property with a mortgage. I live here with my children (they are not his). I can afford to stay here and I want to but he rejected the figure that I offered him to buy him out. The offer was very good and he would have made a very good profit in the short time we have had the mortgage but he went to see a solicitor and threatened to take me to court to force an order of sale if I didnít put the house on the market.
    So, I put the house on the market and we have now had an offer which I do not want to accept as I donít want to move. I was hoping that there would be no interest and he would get bored and take my original offer.
    Does anyone have any advice on what I can do to stay at the property?
Page 2
    • FBaby
    • By FBaby 9th Oct 17, 4:11 PM
    • 16,718 Posts
    • 41,337 Thanks
    As I understood it such orders (delaying a forced sale) are made to protect the children (to avoid disrupting their education etc). If you consider forcing a child to move from their home a major disruption to be avoided than that's the case whether or not it's the father or someone else forcing the sale.
    It's not as black and white any longer. Most judge will now consider whether the resident parent is in a position to offer an acceptable alternative accommodation so the children can remain in their school, and even then they will take into consideration age.

    So say OP's house is currently a 3 bed detached in a top area, but with the preceeds of the sale and her income, she could afford a 3 bed terraced (or even two bed if 2 children of similar age/same sex) in a not so nice area but that would mean they could still commute to their school, then a sale would be much more likely to be granted.

    However, if the house is already a two bed terraced and OP wouldn't be in a position to afford to buy a similar property, then it is more likely that a judge would grant her to remain in the property, although the fact that the children are not his and he therefore has no responsibility towards them would be another consideration that the judge would have to take into account.
    • pinkshoes
    • By pinkshoes 9th Oct 17, 5:27 PM
    • 15,780 Posts
    • 21,677 Thanks
    Just accept the offer.

    If it isn't genuine then it will not proceed.

    Is it a case of won't move or can't?

    (If you accept this offer can you afford to buy another house?)
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
    • paddedjohn
    • By paddedjohn 9th Oct 17, 6:30 PM
    • 7,149 Posts
    • 7,796 Thanks
    Match the offer on the table
    Be Alert..........Britain needs lerts.
    • TBagpuss
    • By TBagpuss 9th Oct 17, 7:25 PM
    • 6,566 Posts
    • 8,530 Thanks
    Ultimately he does own half the house (I assume) and if he forces a sale via the courts he's entitled to receive market value for his share (effectively whatever it can be sold for).

    However if there are children in involved that may alter things. Not something I know a great deal about but the judge might order the house cannot be sold until the children reach a certain age.
    Originally posted by HouseBuyer77
    This is true where the parents are married, but for an unmarried couple the court has much less discretion, and it is much less likely.

    OP, if the offer on the table is realistic then you need to accept it or match it. If you accept that offer and the sale goes through, then while your ex will get more than you offered him, you will also get more than the equity you would have retained.

    If the offer (and asking price) are too high, then when the buyer gets their valuation or survey they may well drop the offer, and you can then re-submit your own.

    Did you get more than one agent to give advice about marketing? Do you think the offer is realistic?
    • BrassicWoman
    • By BrassicWoman 9th Oct 17, 7:29 PM
    • 1,625 Posts
    • 6,738 Thanks
    You need to base your offer on the market rate. If in doubt, pay a RICS surveyor to value it.

    What you don't get to do is punish him financially for having an affair; and you don't get to live a two income life on one income.
    Jan 18 grocery challenge £105.13/ £150
    • Nub
    • By Nub 10th Oct 17, 12:47 PM
    • 13 Posts
    • 15 Thanks
    ...The offer was very good and he would have made a very good profit in the short time we have had the mortgage...
    Originally posted by jacknjill258
    No it wasn't.

    If this offer makes him a lot more money, it also makes you a lot more money too. You don't need to be a cup-half-full kind of person to see this as good news... cash in and break away from the man you don't want anything to do with.

    Also try to be reasonable, forcing this through the courts is expensive for both sides.
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