Ex refusing to sell/buy me out

[Honey9202]

I split with my partner over a month ago and am back at my mums, he is still in our joint ownership property and I am still paying my half of the mortgage as required.

I need to get off the mortgage therefore I am under the impression that he is the one who needs to contact the mortgage provider to see if he can take over the mortgage on his own, not me?

He is being so difficult and is refusing to sell or to contact the mortgage provider to see if he can buy me out. I need to know what my options are and if I can force him to do this? On several occasions I have tried to enter the property to collect my belongings only to find he has left his key in the door to refrain me from entering, which I know he is not allowed to do.

Please does anyone have any advice, I don’t have much money to spend on solicitors etc but looks like it’s going to end up going down that route unfortunately due to his inability to cooperate and be reasonable.

I know I need to arrange to get the house valued but if he keeps locking me out and is refusing to sell it just seems like a waste of money and time anyway.

Many thanks x

If he continues to refuse to co-operate you will have to force the issue by taking him to court. You need to see a solicitor.

My Dad tried this when him and my DM got divorced. DM got a court order forcing him to put the house on the market. Contact a solicitor.

I think you could potentially get an emergency locksmith out to remove the lock from the door entirely if you have proof of residence? You are a legal owner who is locked out, I believe its still allowed?

HE can't legally lock you out or change the locks

You can force him to sell - go and speak to the mortgage company yourself

You can speak to the mortgage company directly but it won't get very far if he doesn't engage in the process
How much equity is there in the house
Lenders are reluctant to let people off the hook
You need to say to him either he takes you off the mortgage or the house is sold

You can enter the property at any time. You cannot be prosecuted for damage to your own property so if you need to break the lock to enter and then put in a new lock that's fine.

Regarding the ownership etc of the property. If you are both on the land registry, either as tenants in common or joint tenants, presumably you are, then you both need to sign for a sale. If your ex refuses to put the house on the market or to take steps to buy you out, I would write formally to him advising him if he fails to take steps to investigate whether it is possible for him to buy you out of the property, you will have to make an application to the county court for an order for sale under the Family Law Act. This is not too difficult for you to do without a solicitor. Advise him he needs to consider how he wishes to proceed in writing to you within 28 days. I would always end that he may wish to seek his own legal advice but that you would prefer to save on the costs of solicitors as you believe it will be much pleasanter and cheaper to deal with it yourselves. Try and keep it nice and not too formal but make sure the important bits go in. Hope this helps.

What usually happens, is he will think about what a prat he's being and agree to take some necessary steps. Sometimes it just needs time.