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Applying to court to sell a property?

(4 Posts)
SarahJayneWho Mon 10-Dec-12 00:31:13

The house I lived in is owned by myself and my exp. We were never married. He has just moved in with his new girlfriend. He does not want to live in our jointly owned house, refuses to talk to me about it and hasn't paid anything towards the mortgage or bills etc for over 6 months now.

I want to sell it, but he has said he won't agree and that I should just live here. He is being difficult as it is in approx 20k negative equity currently. I had an appointment with a CAB adviser today - will hopefully go see a solicitor next week about it all. CAB adviser told me he is being unreasonable and if he has no reason to not sell it them a court may be able to give me permission to sell. Could anyone help tell me...

1. If I make a court application to sell the property what are my chance of it being granted? As I said, he doesn't live here, doesn't pay and doesn't want to live here, he now won't talk to me about selling it either.

2. What happens to the 20k approx that will be left to pay on the mortgage once the house is sold - do the court usually order for the debt to be split in half and we both get loans to pay it back (neither of us has 10k lying around but we both work full time so court afford to pay it back as a loan).

3. I paid the full deposit when we purchased the property of 15k (I can prove this) -will this be taken into consideration ie will he be required to "take" more of the 20k shortfall given that the deposit came form me? (other than that we have paid 50/50 costs until 6 months ago)

4. Will he have to pay my court application costs for being obstructive and forcing me into a position where I have had to go to court to get permission to sell.

THANK YOU!

I'm sure there will be somebody more qualified along but I had a similar situation with my ex. There is a legal process called TOLATA which deals with it; my ex agreed to sell after 18 months once he'd received my solicitor's letter saying that it would go to court. My solicitor thought I had a clear cut case.

As to the money, I don't know but if you can prove you paid the deposit, I think you should be in a fairly strong position.

Longdistance Mon 10-Dec-12 13:58:47

I'm not much use to you. But, what a lucky escape you had. He sounds like a right awkward basket!

Collaborate Mon 10-Dec-12 14:00:41

Depends on what you agreed when you bought the property. Do you hold as joint tenants or tenants in common (google them for an explaination)? If joint tenants you get no preferential treatment owing to your deposit.

He may have to pay your costs if you have to apply to court.

On sale you will be jointly and severally liable for any mortgage shortfall.

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