Trying to be brief:
- split with 'dp' last Dec (not married)
- own house as tenants in common, 50% shares
- my half is 'owned' by me as I paid for it in cash
- mortgage (c£60k, on a £360k house) is in joint names but we have a deed of trust saying he pays it and he always has done
- when we split he immediately said he would buy me out to provide stability for his son (who is 16 and whose DM is the 'resident parent' to whom ex pays £500pm maints) - we chose to live here near to his son's school and moth (who has since moved a bit further away)
- we are still living in the house 'together'
- I put an offer on a property (after a couple of false starts) that was accepted around mid-April
- I got a letter from his solicitor around the end of April/early May with the transfer deed, telling me to sign it and send it back
- I responded by email saying I would not sign it until I had a date for exchange and also that there was a problem with how they set out the dates and to please confirm how they thought it would work - he has never responded to that email
- I had already appointed both a conveyancing and family solicitor - the conveyancing sol has confirmed that I cannot exchange on a purchase until I have the money from ex in case he does not provide it on completion, and I agree with this
- my family solicitor also agrees - she has contacted ex's solicitor three times now about this issue and his response 1st time was 'we're waiting for the transfer form', the second time it was 'I'll ask client and come back to you'
- I have tried to speak to ex about this - firstly around 4 weeks ago, when he said he understood the problem and would instruct his sol, as far as I and my sol can tell he did not do this as his sol has not changed his stance from 'we're waiting for the form' (as an aside, the form is lodged, signed, with my sol, ready to go when needed)
- I spoke to ex again yesterday to say time is now of the essence, we're looking to exchange next week and I cannot exchange if no money from him (my sol has suggested the mortgage be drawn down and held in escrow until my completion, which seems reasonable - I'd be happy to split any extra interest costs that arise, it should only be a few days)
- he has been 'too busy' today to speak to his sol, despite not getting out of bed til after 10am (most days I am out of the house from 6am to 8pm but today i had an offsite meeting and didn't need to leave until 11am)
So, I think I now have to pull out of my purchase and go to court for an order to sell. I can't see any reason it won't be agreed. Ex earns c£80k, plus c$20k share options per year. His son does not live here and has barely been here at all since January, and even if he did, he is 16, not 6.
So, my question is, how do I start that order and how much does it cost to lodge?
Unless anyone can think of any other options? I am at the end of my tether living with the cunt.