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Forcing the sale of a home

(14 Posts)
LargeProsecco Sat 12-Dec-20 06:51:15

I split up with ex-partner over a year ago & he is refusing to sell our jointly owned home, or move out.

For various reasons I cannot move on properly until the house is sold.

Could anyone advise on costs, timescales, etc?

We are in Scotland, which I know will be slightly different- but I'm
hoping the overall principles will apply.

Thanks

OP’s posts: |
mummmy2017 Sat 12-Dec-20 10:55:10

In the UK it was over a year before a sale could be forced.
The judge said it had to be listed again with an agreed price, if no interest in 3 months it would be sent to auction.

Ineedaduvetday Sat 12-Dec-20 14:36:46

I have an exceptionally limited understanding of the law in this type of case but I think you have to go to court to raise an action of division for the home if he won't budge.

Best thing you can do is find an amazing solicitor and let the solicitor guide you through the process. It will cost but it sounds your best option if your ex partner is non negotiable.

LargeProsecco Sat 12-Dec-20 15:42:29

@Ineedaduvetday - that is correct - I have an electronic copy of the title deeds & these have to be presented to court. Along with writs; things go back & forth to appoint a valuer, selling agent & agree split of equity.

I'm probably talking over 10K in legal fees but I will get them back. And I wonder how long it is all going to take...

OP’s posts: |
user1487194234 Sat 12-Dec-20 16:32:59

I have known the other party to cave once a court action is raised as there is really no defence

Ineedaduvetday Sun 13-Dec-20 06:16:36

I agree with user, you'll probably find they will start to realise you are serious once they know you are committed to forcing this outcome via court.

Good luck flowers

LargeProsecco Sun 13-Dec-20 06:48:47

Thank you; it's a truly awful situation to still be living under the same roof.

I can't buy somewhere until I am off the title deeds & can't afford to pay a private rental plus my share of the mortgage.

I've been offered a job elsewhere but can't accept unless I can move.

It's just part of a controlling set of behaviours on his part. And a stressful/dysfunctional situation all round.

OP’s posts: |
Ineedaduvetday Sun 13-Dec-20 07:17:25

I was about to post 'how controlling' but you mentioned it first.

Any idea how long this will take to go through the courts?

LargeProsecco Sun 13-Dec-20 07:32:50

@Ineedaduvetday - that is indeed the question!

My solicitor is due back from holiday this week & I can find out from there.

He wants to buy me out, but has been making ridiculously low offers (it is jointly owned) which I have refused.

I'm just fed up now (have been for a long time now).

OP’s posts: |
Ineedaduvetday Sun 13-Dec-20 07:44:49

I suspect once the valuations are done and a court date is set or on the cards, he'll make a reasonable offer.

I can't imagine how stressful it is for you in the meantime though.

BlueThistles Mon 14-Dec-20 21:04:53

did you speak to your solicitor OP?

LargeProsecco Mon 14-Dec-20 21:24:18

She's not back in till tomorrow. I'm just so fed up of the whole situation.

OP’s posts: |
BlueThistles Mon 14-Dec-20 21:26:58

no wonder... it's not what you need 🌺

KatherineJaneway Mon 14-Dec-20 23:07:44

flowersflowersflowers

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