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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Original poster

Partner wants to force me to sell house

162 replies

moonstone6 · 08/02/2024 11:26

Has anyone who is not married had experience of being taken to court to try and force a sale to your house? We have a jointly owned house. He wants to sell now and split the proceeds but we have a low interest fixed rate mortgage that ends in July 25 so I want to wait till then as we'll have more equity and be penalised 18k for leaving our mortgage early. He earns more than me so selling now works for him. We've had mediation and every thing I offer as an alternative to living arrangements - mainly different nesting options he just objects to so making it pointless.

OP posts:
Original poster
moonstone6 · 10/02/2024 14:17

Nimbus1999 · 10/02/2024 07:09

OP I’m in a very similar situation although luckily he has moved out.

I accept that I cannot stay in the family home when the fixed period runs out as it is not affordable for me. We are currently selling the family home.

Have you spoken with the mortgage company? I am porting 50% of the mortgage for my new home and this means we do not have to pay the penalty and I can have the same low interest rate until the original fixed period ends in 2025.

After I read this, I phoned the bank again and we can port the mortgage 50% each so even better!

OP posts:
Nimbus1999 · 11/02/2024 08:44

Oh that’s great news! Hope you can improve your situation soon.

whatsbestforme · 17/04/2024 03:14

Do you still jointly own this property?

You need to be tenants in common and get a will (for your half) drawn up.

Elektra1 · 17/04/2024 06:26

I'm planning to port part of our mortgage this summer when our house is sold (divorce). It's only got another 18m to end of fixed term and the mortgage provider told me that once we get into the final year of the fixed term, the percentage the ERC is calculated as halves from 2% to 1%. Have you checked that with your provider (since you'll be in the final year of your term quite soon, in July)? Also are you sure your ERC on £350k is £18k? We have a much bigger mortgage and our ERC is only £14k.

Ghostbasket · 17/04/2024 07:11

Good news OP. So you’d each have around £150k equity and a cheap rate ported across. Had to be better than still living in the same house as him.

Lloerig · 08/07/2025 21:49

Can my ex, who is under investigation by police for Fraud ( stealing money from me) force me to sell the house? It's in my name, I have paid the mortgage since we moved in, but I stupidly signed a declaration of trust. The investigation is taking soooo long, he's now threatening to take me to court in order to get his 50% share of the house.

FourLove · 08/07/2025 22:05

moonstone6 · 08/02/2024 19:36

You say low earners like they are the scum of the earth. Wtf

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Ignore this troll, OP.
This situation sounds a nightmare for you. Hopefully porting the mortgage will work out. Is there any chance you might move to a cheaper area to buy a more suitable house?

FourLove · 08/07/2025 22:05

Lloerig · 08/07/2025 21:49

Can my ex, who is under investigation by police for Fraud ( stealing money from me) force me to sell the house? It's in my name, I have paid the mortgage since we moved in, but I stupidly signed a declaration of trust. The investigation is taking soooo long, he's now threatening to take me to court in order to get his 50% share of the house.

What did the declaration of trust say?

Original poster
moonstone6 · 09/07/2025 13:43

FourLove · 08/07/2025 22:05

Ignore this troll, OP.
This situation sounds a nightmare for you. Hopefully porting the mortgage will work out. Is there any chance you might move to a cheaper area to buy a more suitable house?

Show quote history

thank you... i actually moved to a cheaper area like you said but I also got a good deal with the house too! My nightmare situation turned good in the end :)

OP posts:
FourLove · 09/07/2025 13:47

moonstone6 · 09/07/2025 13:43

thank you... i actually moved to a cheaper area like you said but I also got a good deal with the house too! My nightmare situation turned good in the end :)

Show quote history

Sorry, I got confused about the timeline there. My computer is behaving oddly and I can't see all the posts on a thread. Great that it worked out for you.

Original poster
moonstone6 · 09/07/2025 13:48

Lloerig · 08/07/2025 21:49

Can my ex, who is under investigation by police for Fraud ( stealing money from me) force me to sell the house? It's in my name, I have paid the mortgage since we moved in, but I stupidly signed a declaration of trust. The investigation is taking soooo long, he's now threatening to take me to court in order to get his 50% share of the house.

I googled this and it says this: A Declaration of Trust is a legal document outlining how a property is owned when multiple people purchase it together. It details each person's financial contributions and ongoing responsibilities, as well as what happens upon sale or if one owner buys out another. It's crucial for clarifying ownership, especially when contributions are unequal, and can prevent future disputes.

So unless your declaration says you get nothing... which I assume you wouldn't have signed? If a mortgage is in both your names, he can't sell without your consent - my ex tried to take me to court to make me sell, but he couldn't sell our house without my agreement (or a court overruling me).

OP posts:
Poonu · 09/07/2025 19:39

moonstone6 · 09/07/2025 13:43

thank you... i actually moved to a cheaper area like you said but I also got a good deal with the house too! My nightmare situation turned good in the end :)

Show quote history

That's lovely. Good luck for the future 💓

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