How do you force a house sale if not married??

[Strawberryfieldsforeverrr]

'D'P and I are separating, but he's in denial. There's a fair chunk of equity in out house (jointly owned), and he's refusing to contemplate selling. He's a fair bit short of funds to buy me out.
Wtf do I do? When I ask him he has no plan, just rants incoherently.

It depends how you own the property, whether joint tenants (50/50) or tenants in common (a different split in ownership).

Essentially, to force the sale it's very expensive and a very long process. I was in a similar situation (ex left to live with OW) and wanted some money from the house.

My solicitor at the time explained bringing a TOLATA case (where owners are not married and cannot agree) costs approx £60k and takes around 2yrs. Their next advice was to negotiate negotiate negotiate.

I would first try mediation (you have to anyway before legal proceedings can begin). It helps have a third party explain legal positions and can remove hostility. Far cheaper than solicitors.

@cleanbreak2022 thank you, it's not what I wanted to hear but it's a reality check.

We own it as joint tenants. He does have a chuck of money I could have as a deposit for somewhere new, but without getting my name off the mortgage I don't think that would be viable anyway. What a fucking pickle!

So if you intend to remove your interest from the property that can be done as well.

I removed my exs name its a process but can be done.

Firstly, your ex needs to see what his borrowing power is and whether he can take the mortgage on solely.

If this is agreed, your ex will need to instruct a conveyancing solicitor and complete a TR1 form. You would relinquish your interest in the property, so your 50% for whatever price you have agreed.

You don't need a solicitor for this, your ex does as they need to be sure he is aware he is taking on the debt.

Essentially, you are selling your 50% for whatever price you agree between you.

I think you need to speak to your own solicitor about it. Mine didn't specify costs or timings but did say she had got favourable results quite quickly recently. I'm wondering if there's a decent judge in my area who's sick of being in the middle of stupid arguments caused by abusive partners....or who is being pressured to quickky cut the excessive waiting times caused by lockdowns. Either way it might be worth a chat.

Hi @Strawberryfieldsforeverrr I hope you are ok. Can I ask what the outcome of this was please. I’m in a very similar situation x