# Force ex to agree to sale of house?



## nennec (28 Mar 2008)

Hi All,

I'd be grateful if someone could offer me advice on my  current situation. 

I bought a house (50/50) with my then fiancée 2.5  years ago. We went on to split and I moved out about 16 months ago. I've  continued to pay between 70-80% of the mortgage since I left. 

I've  agreed to let her buy me out but she is unable to get the mortgage. I've offered  to buy her out with a 'pay off' about 50% more than she would get if the house  was sold on the open market currently. She agreed (not in writing obviously or I  wouldn't be posting here!) but then changed her mind when she found out the  amount a bank would be prepared to lend her to buy another property.  

She's now decided that she's staying indefinitely! I'm moving abroad for  2 years in a couple of months and want to get this situation resolved asap. Is  there any legal avenue available to me to "force" to sell the  property?

Thanks for any comments/advice/suggestions!


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## mf1 (28 Mar 2008)

"Is there any legal avenue available to me to "force" to sell the property?"

Yes. Its called Partition Proceedings. Its unpleasant, it can be expensive but where parties cannot or will not resolve, it is probably the only way.  

You should talk to a solicitor and ask them to write a letter spelling out what will happen if agreement is not reached i.e. forced sale and increased legal fees. 

If you were willing to give her more than she would get on the open market, then she is being very silly in not agreeing to that. She may well get a very nasty shock when a Court finds against her and makes her pay your costs. As well as her own.


mf


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## nennec (28 Mar 2008)

Thanks for the info mf1.

Just one quick follow up question. My ex has a daughter (through a previous relationship) who has lived in the house since we bought it. Will this have any baring on a courts decision?

Thanks again.


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## mf1 (28 Mar 2008)

You're not married so its not a Family Home. 

The child will make the situation even more stressful for all concerned, the Court may grant your ex some small leeway because of the child but ultimately she cannot stay there indefinitely, you are entitled to seek the sale and a Court will make that Order. 

Like I say, have your solicitor spell out the consequences to your ex of a non amicable deal and if that does not work, get proceedings out quickly unless you want to be stuck paying for this house indefinitely. 

These cases are awful - but they are made more awful by people simply not accepting that "want does not get".

mf


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## nennec (28 Mar 2008)

Thanks again mf1.


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## liketoknow (28 Mar 2008)

my partner bought a house with his ex they have two children but werent married. the judge ordered the house remain with the mother as a family home and would not be sold. my partner paid the full mortgage. 
plus maintenance payments. 
he had to remove his name from the mortgage and her father put his name on instead. my partner got nothing from the house and wont unless she sells it in 5 years, he will 15 per cent of the profit, after 5 years he will receive nothing.


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## murphaph (29 Mar 2008)

When I bought my house (as a single guy) the solicitor told me I needed to be careful not to give rights to any girlfriends to it unless I was sure I was going to marry them! He said words to the effect that "even telling your mates you are engaged is a verbal contract to marry and if you pull out, the would be wife would be able to make a claim on your property". So my question (aimed at mf1 really!) is would it not make a difference to the OP on who pulled the plug on the engagement as to whether or not the ex would be entitled to more than 50%?


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## Complainer (30 Mar 2008)

Is it wise to continue to pay 70% of the mortgage if you don't know what you're going to get out of it?


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## bond-007 (30 Mar 2008)

In a case of marriage where there are no children and one spouse leaves, can that spouse force a sale of the house to realise the equity?


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## mf1 (1 Apr 2008)

bond-007 said:


> In a case of marriage where there are no children and one spouse leaves, can that spouse force a sale of the house to realise the equity?




Yes - in the context of a Judicial Separation. If they were joint owners, I assume they could issue Partition Proceedings but mostly with married couples, you'd just go the road of Judicial Separation. Of course, if they are not joint owners, then Partition Proceedings don't apply and only JS proceedings could deal with the issue. 

mf


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## bond-007 (1 Apr 2008)

Thanks for that.


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## jsmk (27 Feb 2009)

my ex partener and i split almost 2 years ago, we have a 4 year old daughter and all my interests are for her wellbeing.
she lives in our home that we bought almost 7 years ago. I continued to pay over 50% of 
the mortgage after i left , whilst paying maintanence also and providing a home for my daughter at my new home. She has offered 10%/20% of what it would cost to buy me out. I was considering it , as i want my daughter to have a comfortable living.
Since then she has said that once she buys me out for this amount she will sell the house and make more money from it that way. Her new partner has a house and she will just move in with him , all at my loss.
I have a solicitor and we have applied to go to court to resolve this, I would rather settle out of court at a loss just to get her out of my life. She is acting like this because she is bitter with me and  has started to use my daughter against me.
Can you please give me soom info on this matter.
regards
glj


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