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splitting up and selling house

8 replies

contactornotthatisthequestion · 26/11/2021 14:02

hi, the situation is this ds and gf have split. they own a house jointly which needs sorting. the plan was sell and ds buy somewhere else but his fell through and now thier buyers are pissing about and want to drop 10% off the accepted offer.
while this has been going off ds got a promotion and is now in a position to be able to buy ex gf out but she wont do this. can she force him to sell to others? and can he force her to sell to him?
shes also moved out and is still monitoring him on the cctv, is this allowed too?
no kids involved
thanks

OP posts:
Xenia · 26/11/2021 15:43

I am assuming they had no written agreement between them about this such as cohabitation agreement nor any kind of trust setting out the % each own. If that is correct then they are likely to own 50% each. Either can go to court to require the other to sell their share. I think your son could require her to sell to him if that is at market price and would save a lot of stamp duty and other costs (although she will have those and he will not so the sums are probably - market value of property, less half the costs for the girl friend to buy elsewhere/removal costs = what your son gets.

If she will not respond to a gentle letter sent by email and post about this then he may need to send a friendly letter from a solicitor saying he proposes to buy her out at XYZ price, how costs will be shared and enclosing eg 3 copies of open marketing valuations from 3 local estate agents as to the value.

contactornotthatisthequestion · 26/11/2021 16:26

yes they own 50% each, he is offering market value ( well estate agents valued at 150k, they had an offer for 160k but banks saying its 145k value)
the buyers now want to pay the 145k that will give them 18kish each after fees so ds has offered her 22k and there then are no estate agents fees and hes got bank to drop theirs as hes staying with them and is willing to pay all so cant understand why she would accept 18k minus about 2k fees and have to wait months or take his 22k and get it asap
theres no removals or anything for her as shes moving back home and the big items in the house they have already split between them

OP posts:
Xenia · 26/11/2021 16:44

Sometimes the co-owner does not want to sell out of spite.
Sometimes there is just a negotiation about costs - eg he has the house but when she comes to buy she will have purchase costs and stamp duty and legal fees so a bit may be added to what he pays to her to cover some of that.
Somehow he needs to find out the reason she is sticking over this - money, some other reason to try to stop the sticking point. They both might spend more than the the sums in dispute between them on solicitors if one makes a court application but just sending one solicitors' letter (f she does not respond to other requests to negotiation) might stop the impasse.

prh47bridge · 26/11/2021 17:16

She should not be monitoring him on CCTV. Can't he turn it off?

PicsInRed · 26/11/2021 17:22

If they had an offer at £160, that's where he should he making his offer. It sounds like he's trying to be a bit clever and fast with the maths around valuations and he's irritated her.

If he wants the house, he should match the offer.

contactornotthatisthequestion · 26/11/2021 17:27

@PicsInRed

If they had an offer at £160, that's where he should he making his offer. It sounds like he's trying to be a bit clever and fast with the maths around valuations and he's irritated her.

If he wants the house, he should match the offer.

this was the original offer which has now been retracted as the valuations say its not worth that much so even if it went back on the market they wouldnt get that, it would be around 150k which is why he offered what he did making it him "buying" it for around 155k
OP posts:
contactornotthatisthequestion · 26/11/2021 17:28

@prh47bridge

She should not be monitoring him on CCTV. Can't he turn it off?
hes turned it off and shes reactivated it each time, even removed it but since she paid for half of it she keeps insisting it stays in the house.
OP posts:
Xenia · 27/11/2021 15:18

Where couples disagree sometimes they each off in a sealed envelope what they would be prepared to pay and see which is highest. If she then won the highest she could put it on the market I suppose and see if she got that offer accepted and if not they revert to his lower offer.

I have seen cases where the costs of the person who does not "get" the house in having to buy a separate one later are deducted from the price the person keeping the house will not have to pay to make things a bit more equal.

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