Tips to force sale of house with ex living there

[mumtobealloveragain]

My court hearing is next week and I'm worrying myself silly.

My ex lives in our jointly owned property. Without going into it all, he's awful, financially controlling and I simply have to sell it to be free financially from him once and for all. He can't afford to buy me out/doesn't earn enough to take mortgage himself not that he would anyway- he's enjoying knowing I'm worried and can't get to my money/equity.

Has anyone successfully obtained a Court order of sale with ex still living in the property and refusing to move out/sell.

I found out recently that although he is paying the mortgage he's not paying the "ground rent"' which is a term of the lease (it's a communal block of flats) The management company for this are now threatening to take us both to Court. There was also storm damage recently which he not only declined to inform me of (it's extensive and to the back of the property) the management company are refusing to get it repaired as the ground rent covers the building insurance and he won't pay! He also doesn't have life insurance to cover the property which is a term of the mortgage- he cancelled it as he said if he dies I'll be dumped with the whole mortgage! Will any of this go in my favour to get the Judge to agree my order so I can boot him out and sell?

All advice greatly received, in going it alone as can't afford a solicitor so representing myself...

[fusspot66]

Replying to bump your question for the more informed mumsnetters, but my feeling is that his actions will count against him. Is there any way you could scrape together the ground rent? Have you been in touch with Woman's Aid? They are very experienced in this kind of domestic abuse (financial and emotional)

[mumtobealloveragain]

Desperate bump

[Collaborate]

If the court makes an order for sale it can also regulate who remains in the property pending sale.

[cestlavielife]

yes got order for sale similar corcumstances but implementing it ie baiiliffs with ex who refuses to move out is going to cost even more money.

you can certainly get the order for sale.
implementing it if he refuses to budge will involve more costs but do it.

[mumtobealloveragain]

Thanks.

Cestlavie- I'm worried about the same. I know even if I do get the order of sale he'll be as difficult as he can and ensure I have to have him evicted knowing it'll cost me a fortune

[Collaborate]

Then make sure you ask for exclusive occupation before sale.

[Onefewernow]

No idea mumtobe, but I'm very glad fir you that you are rid of him.

[mumtobealloveragain]

Collaborate- thank you.

I am preparing what I am going to ask for as we speak. I have my own home and there'd be no way I could occupy the property until it sold. He currently lives there and has no where else to live until he moves out and rents somewhere. Would that still apply?

[Vatta]

Explain to the judge that so far he's not complying with his responsibilities re the mortgage and lease terms, and that therefore you're worried about him leaving for the sale or cooperating with the estate agents. Therefore ask that the court order provides for him to move out shortly so you can prepare the flat for sale.

His actions so far would count against him.

I'm assuming by the way there are no children living with him, which would make a difference.

Good luck!

[mumtobealloveragain]

Vatta. Thank you. He has our two children with him half the time as we have a 50:50 shared residency order. Unfortunately I realise this makes things harder. It is where the live 50% if the time but they have another home with me which is put at risk if I can't sell it as he could financially ruin me. The mortgage (interest inly) is about on oar with local rents, so he can rent- like I do.

To date he's ignored all my solicitors letters. 6 in total. He hasn't responded to the Judges directions that he should file a a statement. He hasn't even acknowledged the Court proceedings or made any defence. He also didn't turn up to the first hearing. I just pray he doesn't turn up to this one too.

The property was empty for over 18mths as he refused to agree to let me sell or rent it and I couldn't afford to live there. He's only moved back there end of last year, it's not the children's habitual or permanent home. He's refused mediation and I have an FM1 to prove that. He has not paid the ground maintenance as per terms of the lease and now legal action is ring taken against me and him.

I'm going to ask the judge to order that I can sell. To order he has to comply and allow estate agents in for photos and viewings. That he has X amount of days to move out (time to find a rental property). That upon sale first all debts relating to the property are cleared before we split the equity.

Any advice on what else to ask for?

[cestlavielife]

You can get the order for him to move but if he literally refuses then you have to either wait til he goes out and occupy the place yourself change the keys (occupation order) or get the bailiffs.
It sounds so simple get it all in the order but when you have someone sitting simply refusing to leave it isn't so easy to implement.

Unless you willing to go round with your own heavies.

But good luck... Let me know how you achieve it ...

[mumtobealloveragain]

Thanks everyone! Bit nervous now. More because I'm representing myself and worry I'll look like an idiot by asking for something completely out of the Courts jurisdiction or not asking for something I should have because I don't understand how it works.