thanks for all the advice guys, will try answer all the q's.
right, why didnt i sell when she sugguested? well i didnt have any cash after only a year into such a big mortgage, and i was in shock as to the suggestion we should sell with (at that time a 60k loss)
we both appointed solicitors at that time and have been dealing though them sporadically over the last 18 months. During which I was lead to believe that this person wanted to sort the situation just as much as I did.
Last November we made an application to the bank if we paid the negative equity then (60k) between us, which was agreed and we both got our own loan approval for then would then consider giving me a new mortgage, but then declined to assist at that point.
That's why I was lead to beleive once the bank agreed to the deal then we were both sorted. If the house goes on the market we are likely to be in death of 70k + each so the easier option for her is to pay her 50k and get her name removed. I offered to pay the 50k and let her take the house but this was refused.
I have had tennants in the house but the rental income isnt enough to put up with the hassle, in my opinion, then again I havent been lucky with tennants.
We had a co-ownership agreement which does state that if one person wants out then the other person be given first option to 'buy out' the other person's interest. Could this be used in court?
If not then maybe I should apply to the courts for the particion act to apply which means the house will be sold and the bank will come after us both for what's outstanding. which will be a lot more than 50k.