Ex won't sell, let me buy him out, or buy me out! HELP!

[darkcandle]

Hi,

I really could do with some advice. I plan to contact a solicitor tomorrow but my head is spinning right now!

Things haven't been good with my partner for a long time, and I've mentioned splitting so many times but he always talks me round. Anyway tonight I'd had enough and told him we were done. He started laughing and said well I won't sell or buy you out and you can't make me! This was said in all seriousness and he said he's had legal advice.

For context, we have 3 children together. He has been unpleasant to live with for a long time and is no help around the house and useless with the kids.

Last time I said I wanted to split I mentioned buying him out. This is why he took legal advice. I knew he was more smug than normal and almost seemed to relish me mentioning it tonight.

Please tell me I'm not stuck living together until he allows a sale, or else I have to walk away with nothing. Also just too add we are legally tenants in common (50/50) and there is currently approx 120k equity in the house.

Thanks for any help you can offer.

If you can raise enough to cover the mortgage and £60k the court would probably allow you to buy him out, but you need to issue an application.

a broker might help you re-mortgage for a larger amount to pay off the 60k on completion

You can force him to sell, if you own part of the house! Or you can buy him out and keep the house. You’ll need a court order by the sounds of thing.

He's lying. He can't just sit in an asset that is half yours and refuse to sell it or pay you for your share. I'd laugh back in his face and tell him yeah...I've taken advice too. The courts will allow me and the children to remain.

He's lying to you. It will cost you money but it can be done.

He's lying. You can push to sell via the courts

Pretend you don't care, the more you want it the more he will enjoy saying no and winding you up.

He’s talking bullshit. You can definitely make an application to the Court. I believe it’s for an Order for Sale under the Trusts of Land and Appointment of Trustees Act 1996.

Search “ToLATA”. Lots of firms of Solicitors out there with articles about it.

Thank you all so much. I feel much better knowing I'm not trapped. I can afford to buy him out if I remortgage; I've done my sums many times. I do want to stay here as that's what's best for the kids. They are so far down his list of priorities he won't even consider them. If I need to take him to court so be it. Thank you all for taking the time to reply

You could apply for an occupation order and he'd have to leave. Would need to be on the grounds of domestic abuse though.

I think he's just trying to be difficult now, when you've dumped him properly he'll probably meet someone else quickly and then be keen to sell for his own interest.

Don't show that he's getting to you and bide you're time.

Of course you can take him to court to force a sell, but I believe this can be quite an expensive move.

He is clearly upset and defensive. He first needs to come to terms with the fact that it's over and that moving on is his only option.

When he calms down and has come to accept it, he will likely be much more willing to have the discussion about the house.

I don't think he is automatically entitled to 50%. Depending on your circumstances you may find that you are entitled to more.

@GreekOddess

I don't think he is automatically entitled to 50%. Depending on your circumstances you may find that you are entitled to more.

Only if they are married, which does not appear to be the case. Assuming they are not married there is a presumption that the OP owns 50%. To establish a claim for more, the OP would have to show that there was an intention for her to own more than 50% of the property and that she acted to her detriment based on this intention, e.g. by paying for improvements to the property.

I don't want more than half. I just want what it rightfully mine. I'm glad out solicitor pushed us towards tenants in common it at least makes that part a little clearer. He's been increasingly nasty this morning, but it has at least made me realise I'm doing the right thing.

Or alternatively she could issue a claim for more than 50% under Schedule 1 CA1989,

50:50 is the starting point for division of assets but what’s ‘rightfully yours’ may be more than that. If your children are under 18 and you are going to end up with them the majority of the time (I’m guessing someone who is ‘useless with the kids’ won’t go for 50:50 residency) the court will probably feel that you are entitled to more than half the marital assets.

No he won't go for joint custody. I'll be shocked if he bothers at all, though I hope for their sake he does. We never got round to getting married so I think it's a different situation. And to be fair his half of the equity was his inheritance so I don't want to go after that. I just want a clean break and rid of him. The backstory is massive so I'll not bore you with the details, but I should have called it a day a long time ago.

Ah, I thought you were married. On the plus side there’s less paperwork to do and you can get your clean break quicker.

Good luck.