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Legal matters

Selling former jointly owned house - ex being difficult

3 replies

angrywoman · 15/06/2012 11:31

We have a buyer for the former family home, it's in both names. We split 5 years ago and my ex is in lots of debt. We weren't married. Since splitting I lived in a rental house for 3 years but I wanted to sell the house and managed to get back in in order to prepare for sale which he wasn't in favour of, mainly because he was living here cheaply on an interest-only mortgage. I have to sell because I can't afford to buy my ex out and at the same time he has allegedly racked up £50000 of debt. My solicitor says if I don't sell soon I could end up with nothing, though others have said that I would get some time to buy him out if his debts caught up with him.
We have had an ongoing contact case due to ex being an alcoholic. He knows I plan to move out of town to start a course in September taking the children. He doesn't want me to do this. The solicitor that I appointed for the move rang me and said that he has complained because I chose her and he has 'concerns'. He wants his own solicitor but I have heard nothing. So, can he drag this out and stop the sale going through? Can I force him to allow the sale?

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Collaborate · 15/06/2012 12:02

Unless you have a court order under the Trust of Land Act (TOLATA) he can't be forced to sell, so could drag it out.

His creditors can only attach the debt to his share of the proceeds of sale. Persumably there's very little equity given that you might get nothing.

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angrywoman · 15/06/2012 16:35

There's about 50,000 equity in the house, going at the price we have agreed. Oh dear, looks like my solicitor may have extra work to do. Being obstructive like this won't help his case though.

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Collaborate · 15/06/2012 17:05

"My solicitor says if I don't sell soon I could end up with nothing" - only if you lose the buyer and have to sell at £50k less.

Didn't you have another post a few weeks back about this?

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