Ex refusing to agree to sale of house

[David]

Hi, just looking for some feedback here;

I purchased a property with joint mortgage along with a former partner in June 2008. Circa October 2008 this relationship ended and I took on the full mortgage repayments with zero contribution from my ex.

Due to the property crash etc I was not in a position to sell the property until now. The property should sell for €310k with approx €300k left on the mortgage.

I have sought cooperation from my ex and my wish is to pay all fees (solicitor and EA) from the remaining sum and divide equally the remaining amount - Im open to correction but I think that’s all I’d be obliged to offer?

My ex is proving difficult and is unwilling to cooperate with the sale without me paying her €10k, which she has sought up front- I know!

I am willing to explore the legal route and would appreciate any information or advice on the procedures involved in seeking an order for sale under s31 of the land and conveyancing act 2009.

1. Does this section apply to my situation?
2. How long would the process take to finalise? I don’t expect a defence from her.
3. What would the approximate cost of the process be?

Any feedback welcome

Thanks

 

[Thirsty]

Do you have children together?
Who has paid the mortgage up to now?
Who is living at the property?
Did you buy as Joint Tenants or Tenants-in-Common?

 

[David]

We have no children together and I have paid the mortgage since Sept/Oct 2008.

We intended to reside together at the property and both agreed at the time that we could contribute evenly to the mortgage. I’m not sure which category that puts us in

 

[Sionnachy]

A good solicitor will advise you of what you can do to get the ball rolling. Trust me, it will be money well spent as I've been through the process and it was very stressful. If there's €10k equity in the house your ex would only be entitled to 50% of that but only if you had both contributed equally to the mortgage. Forcing a sale is a very expensive process I believe.

 

[Seagull]

Explain it to her very simply.
If she cooperates, she stands to get half of any surplus. If she doesn't cooperate, then the legal costs increase and she stands to get nothing.