exdp won't agree to split house

[guyfawk]

Hi,

Really hoping someone can give me a bit of guidance as to what legal direction I need to take.

Ex-dp and I own a property together which we are still currently living in ,(in a very toxic environment). We own it 50:50 TiC with a reasonable amount of equity. However, he is refusing to move out or to buy me out.

I'm now trapped unable to move on as the mortgage is in both our names and I need my share of the equity for a deposit.

What can i do? This is a fairly unbearable situation.

Thanks very much...

Do you have DC or is it just the two of you?
I've heard of people getting court injunctions to force the sale of a property against the wishes of an unreasonable ex, but I don't know the legs ins and outs of making it happen.

Yep, court order for sale. Judge will award this unless there are some mitigating circumstances - doesn't sound like there are.

Yes one DC. How do I get a court order, and how long would it take? would I have to live with him whilst waiting for it come through?

You'll need to apply for an order for sale. You could do this yourself but easier to instruct a solicitor, although not cheap.

The court will send you for mediation first though to try and reach agreement. We had about 5 sessions which were expensive and pointless. Just the mediation took about 3 months. We didn't get beyond that so I cant tell you how long it will be end to end but I'd think 6 months minimum.

You'll need to get valuations, mortgage statement etc to prove value of property, amount of mortgage outstanding etc.

It is also helpful by the way never to move in with and buy a property with a man without having a written agreement which says what happens if one of you wants to sell. Someone I know bought with a woman and they signed a contract before which said if either wanted out then they could serve notice and sale must be in 3 months. He had to take her to court to enforce the agreement but he managed it and the court ordered sale.

I recommend you stay living in there as if you move out it can be harder to enforce things, show buyers round and the rest.

You could of course move a lover in or a friend to sleep on the sofa which might encourage him to get no with agreeing a sale or letting you buy out your 50% share. I assume you own 50% shares not some other %?

Oh God 6 months I don't think I can bear it. If they are going to send us for mediation I might as well get that started. Again any advice appreciated. Thank you.