Please can you let me know whether I can legally force my husband to sell our property, he has been very difficult and unco-operative. He is not paying enough of the mortgage which it has now gone into arrears. We have no children under the age of 23.
I’m sorry to hear about your difficulties with your husband. This is obviously not a situation that should be allowed to continue because sooner or later the lender will start to ask questions about the arrears.
Seek Legal Advice
The answer to your question depends on numerous factors but I would advise you to see a solicitor as early as possible. The best way to do this in the first instance is to ask the Citizen’s Advice Bureau for a list of local solicitors who will be able to give you half an hours worth of free legal advice.
Separation/Divorce
I am unable to determine from your question as to whether you and your husband are still together and living in the same house. If you are separated it also may be sensible to seek advice from your lawyer about what would happen in the event that you divorced your husband (I assume you aren’t already divorced) and the way in which your shared assets and your home would be split.
If your relationship has broken down, and both of you own your home as ‘joint tenants’ the first thing you would need to do is sever the tenancy to make you ‘tenants in common.’ Your solicitor will be better placed to advise you on this.
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
Forcing the Sale
What I can tell you is that if you own your house jointly in a ‘trust for sale’ you may be able to force the sale of the property. This is done by applying for a court order that would in effect allow for the property to be sold, and would provide a timescale within which it should be sold.
What You Should Do
At this stage, you should make a note of the way in which your husband is being un-cooperative, and in as much detail as possible what he has done to get you into this situation. This will be very useful for your solicitor in the event that you do need to apply for a court order.
I really think it’s best that you go and seek legal advice straight away. Good luck.
I only have until the start of February to enforce the order as he has dragged his feet over the sale via various methods such as over inflating the price of the property so it wont sell, not allowing me to list it or to have keys and using one estate friend who is over 50 miles away from the property so could not easily show the property to anyone.
I need it sold now as he has missed many many mortgage payments and my credit rating is rock bottom now.
thanks in advance
vic
He will not cooperate at all. How can I make him sell the place so that I am able to move him?
My ex is suggesting that a buy him out by putting my new partner on the mortgage as i cannot take the mortgage on in my name alone. He's also suggesting that once myself and new partner are joint owners we then port the mortgage across to a new home and seek to get a 2nd mortgage to cover the additional cost. He wants me to do this because he wants to buy a house with his new girlfriend and whilst he's still attached to the mortgage this will be difficult for him to do. I don't really want to keep the house as its not suitable for my needs or the children's so my plan was to stay in the house until it sold and then split equity and start a fresh with my new partner.
Is there anything he can do via solicitors to be able to do this?
obviously we both want to move on but i dont want to get myself into more difficulties.
We have a house in Joint names with my male partner. We have been together for 5 years although we recently had a year living apart but got back together about 18 months ago. We are not married or in a civil Partnership. We are just living together and own the house together. However I put a deposit of £150,000 down to help purchase the house and this is protected by a Deed of Trust drawn up by the lawyers we used to purchase the house. I would like to buy him out or sell the house. He has said no to both suggestions. What can I do to force him to do one or the other? I have a much higher stake in the house but we pay equal amounts into the mortgage which is in joint names. I have another property which i rent out and I could sell this to buy him out which is my preferred option. He does not have the income to buy me out or cover the mortgage on his own, although we do have lodgers which covers the Mortgage in full. What can I do please?
The problem I have is I'm skint and on uni credit. What can I do and how long will any action take please? I just want out, then file for divorce??
My partner has been separated from his ex wife for nearly 10 years now and she still lives in their jointly owned home with their 15 year old daughter. She also has a 4 year old son to a different partner but he doesn't live in the house with her and the children.
We are unable to move forward in terms of buying a property and have been forced to rent for the 5 years we have been living together.
She is unable to get the property in to her name as they won't approve the mortgage and will not remove my partners name either.
She is refusing to move and sell the house.
When my partners daughter is of age possibly at 18 years of age can he force the sale of the house as the other child is not his responsibility?
Any help or information would be greatly appreciated on this matter.
Thank you
Things have turned nasty and I am currently awaiting for a court date in regards to forcing the sale of the property.
My question is does anyone know how likely it would be that the sale will be issued? (on the ownership declaration form I own 99%). However x2 of my older sisters have now moved in with my mother with their children (2 and 3 years old). Will these new minors cause an issue? They are not my mothers children so surely it is down to their mothers (my sisters) to put a roof over their heads. I think they have moved in to prevent the sale of the house? Help I just want this resolved.
Also I have paid £20,000 for the solicitor, barrister and to go to court - does this sound about right?
She insisted she won’t sell.
Can I force a sale?
Thank you very kindly
Dondee.
The mortgage is interest only - the amount loaned is £241,000 - the rough estimate of market value is £435,000
I have received a letter recently from her solicitor asking me to sign the property over to her as she has been making payments to the mortgage since we broke up.
This is true however I have always given her regular maintenance payments for the children and house.
Where do I stand. The house has 150,000 equity approx.
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