How to get ex out of house?

(3 Posts)
HoundPaws Tue 19-May-15 13:57:29

Any thoughts appreciated. My ex (we were unmarried, no children) is still living in our jointly owned house. He has been paying the mortgage since then, but does not pay me anything. I left in 2009 but have only now got the chance to sort out the shared house situation. I realise there will be some CGT to pay. He says he cannot afford to buy me out at the moment but does not intend to give me half of the value anyway just the deposit I put in. He was abusive and I am not sure I am strong enough to deal with this and cannot think straight about where to start! I guess I need to get it valued first? I do not live locally to him. Any ideas/experiences would be great thanks!

cestlavielife Tue 19-May-15 16:05:25

you need to apply under TOLATA to sell the house. www.legislation.gov.uk/ukpga/1996/47/contents

www.wrighthassall.co.uk/knowledge/legal-articles/2014/01/21/orders-sale-property-joint-ownership/ explains and there are many other links you can read

get some estate agent valuations or idea form local properties, work out how much equity there is, be clear how much the mortgage is. who paid deposit and how much. the starting point as joint owners should be 50/50 share of the equity perhaps less the deposit he put in. if he has been paying capital as well as mortgage interest he could claim the capital he has paid back (but probably not interest payments as he has been benefiting from living there occupational rent) .

do you want to keep it ie buy him out or take your share of equity?

get all paperwork to do with house, if joint or tenants in common etc. take all bits of paper to solicitor for advice.

if you have dc you might be entitled to claim more equity until dc leave home...

getting order fairly straightforward but if he digs in heels you have to enforce and that costs more ££

HoundPaws Tue 19-May-15 16:59:06

Thank you for the reply I will look at these links. I would want the equity share rather than to buy him out. I put more deposit in than him and there is only about 1/4 the house value remaining as mortgage now. I fear some important paperwork has been lost in 2x house moves sad
Your advice is great and really appreciated.

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