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ex forcing sale

(5 Posts)
user1471605831 Fri 19-Aug-16 12:52:41

Ex has given instructions for his solicitor to issue court proceedings for force of sale of the house we both owned as tenants in common and which he moved out years ago.
I have a re-mortgage arranged, as well as contract and correspondence between us to say that I have the cash to buy him out in exchange for giving me sole ownership. But he is still persistent in going ahead probably due to me responding a week late of the deadline.
As it has taken me so long to get myself in a financial position to buy him out and for both of us to come to an agreed amount, he could argue that I have been delaying the process. I am still trying to persuade him to try and settle it out of court but I think it will be futile.
I have signed all paperwork for the transfer of equity and the mortgage lender's solicitors handling it all has notified me that they have not received any of the ex's paperwork. So it could be argued that as he hasn't submitted any paperwork, he is also responsible for the delay.
Do you think the court will still force a sale? What do you think the outcome will be?

RedHelenB Fri 19-Aug-16 13:07:36

It would be easier for you to take over ownership so I can't see why a court would force a sale. Are you both agreed on the value of the house?

user1471605831 Fri 19-Aug-16 13:37:50

The plan was for me to take over complete ownership of the property by buying him out. I had it valued by a RCIS surveyor which was considerably lower than the 3 estate agents valuations that he organised.
However, we both agreed on a figure to buy him out. His solicitor had followed through instructions that if the whole thing wasn't processed by the deadline, it would be taken to court. I had previously already asked for an extension as I was away from home for a length of time and didn't have access to all my paperwork.

RedHelenB Sun 21-Aug-16 08:05:14

If you have everything ready now and can show the court that I still think you will be ok.

babybarrister Sun 21-Aug-16 14:41:31

Sale unlikely from what you have said but you may have to pay more ....

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