Forcing Sale of Joint Home

[Forcehousesale]

I need some help and advice - perhaps somebody can point me in the right direction. Please, I’m on the verge of a breakdown.

Want to split from OH, we own a house as tenants in common - split 50/50 on profits & mortgage payments equity increase with my ring fenced deposit which is a hefty chunk.

We are NOT married so I cannot divorce him.

I can afford to buy him out - he says no

I can sell, use the proceeds of the house to buy somewhere else - he says no

At the moment we are at a stalemate and he will not let me move on with my life (don’t want to get into the specifics of why really but read he’s unreasonable)

Can somebody please tell me what on earth I can do to resolve this, short of getting him a brain transplant into a reasonable human.

There are 2 kids involved here - he is refusing to leave and I cannot house us in a rented place and pay the mortgage here at the same time without significantly impacting our quality of life whilst he would be living in a house that I own 1/3 of just with my deposit. It feels so damn unfair.

It is unpleasant here, the kids are being affected. I really need to resolve this.

Does anybody know the correct form to fill in at a court maybe? What the outcome might be ?

I’m tearing my hair out and I cannot see a way out.

From what I can gather OP if you are tenants in common (as opposed to joint tenants ) it is not necessary for both parties to agree before the property is sold .

But I'm not a 100% sure and I think it would mean a court getting involved and ordering a sale .

It is easier to sell when you own the property as tenants in common because the property is held on what is known as a "Trust of Sale" which means that when one of the parties decides to sell, then the property needs to be sold. The proceeds of the sale are split equally between the parties (unless a Trust Deed is in place)

www.peabodysales.co.uk/blog/a-solicitors-guide-to-joint-ownership-of-property/

He owns half the house. Why don't you sell your share to him.

@Viviennemary I would do that tomorrow but he cannot afford to buy me out unfortunately otherwise I would already be gone.

Oh wow @peridito I’ve googled and googled and never found anything about this. It is 100% held as tenants in common & also has a deed of trust in place from when we bought protecting my deposit (he put nothing in). Thank you so much for this.

She says above.. ‘I can afford to buy him out - he says no’ @Viviennemary

Sorry... wrong way round..

I'm in the same position. It's very very difficult. I've only just found a solicitor to take it on. I will follow and post back some advice once I've spoken to my solicitor next week.

@welliesarefuntowear I’m so sorry to hear you’re also in the same position. It’s so unreasonable.

Yesterday he basically told me he was going to hold me to ransom and refuse to sell / leave / let me buy him out whereas before he was just putting his head in the sand.

Its just an impossible situation for sure. I’m not unreasonable I don’t want him out on the street, I’ve offered him a fair settlement but I can’t get him to accept it.

Ok sorry. He sounds bitter. You will have to take legal advice as to the best way forward. Maybe offer more money.

If he is being abusive at all speak to the domestic violence helpline for assistance in getting an occupation order. The fact he is refusing to sell is abusive tbh.

Also Rights of Women may be able to help you.

I would just smile and say "it's not up to you it's up the court" sounds like he is enjoying trying to bully you.

Hi, you can apply to the court for an order to sell. Lots of info on the internet about this.

www.theguardian.com/money/2008/apr/30/property.mortgages

england.shelter.org.uk/professional_resources/legal/home_ownership/charging_orders_and_orders_for_sale/orders_for_sale#title-1

vardags.com/family-law/tenants-common-orders-sale

www.samconveyancing.co.uk/news/conveyancing/can-i-force-the-sale-of-a-jointly-owned-property-6179

If you leave and take the children with you so he is on his own in the property, the courts will likely force a sale as the original intention was for it to be a home to raise the children. But you must seek legal advice.
From the last link I posted:
Dennis v McDonald 1982
In this case the joint owners were co-habiting tenants in common with an equal share in the property. They had 5 children together however the relationship broke down because of the father's violence so the mother left the property with 2 of her children. The mother made an order for sale that was refused as the original intention for the property was to provide a home for their family. The courts did however order the father to pay an 'occupational rent' throughout the duration of his residence in the property. The rent was fixed based on half of a 'fair rent' for the property.

Are you wanting to live in the house? Who will be main carer of children? Court would usually rule parent with children can keep house until children are adults.

You apply to the court for an order for sale. Well worth investing in a couple of hours legal advice.

@Ohsugarhoneyicetea see this is what worries me. I just want to break ties and live apart from him. But in that scenario - he gets to still have his hold over me until whenever he decides.

@autienotnaughty at the moment the children will live with me where ever that may be. I mean he’s threatening court the kids don’t see me again, you know the drill. I just don’t want to live with him with the children in this mess but I have no intention of leaving them with him because this is in fact what he wants me to do because he can claim the victim and try to remove the kids from seeing me - where we live I couldn’t care less within reason. I don’t necessarily want to stay here but thought would be easier for the kids. But until I get money from this house in one way or another (or it becomes mine through buying him out) I can’t house us all appropriately.

The courts even could force him to accept your offer once the process has started.

Exactly, which is why I think moving out with the kids could protect you best. The court will not allow him to stay there on his own in what was meant to the 'family home'. Start the court application to sell straight away. If you win you can claim all your costs from him too.

Don't pay the mortgage or any bills there after you leave either. Hard I know but the thought he might loose whatever equity he has might pressure him to sell. The lender has to offer you the option to sell before they start a repossession process and it takes years.

You do need a good lawyer though. Find out what costs he has caused you to incur that you can claim back from his share of the house. He might find this was the worse decision he ever made.

Not paying the mortgage will badly affect your credit rating so I'm not sure that's wise. Just speak to a solicitor and force the sale - I don't think he has reasonable grounds to stay put. Keep any messages, emails etc showing that he's effectively holding you ransom too.

Definitely get legal advise. I'm inclined to agree you would be better to move out and start legal proceedings as other posters said he won't be allowed to stay there alone. not sure on mortgage if you could afford to pay your share and move out it's probably better to or could you arrange a payment holiday for a few months. Good luck xx

Hi. I am in the process of a referral for mediation. Definitely see a solicitor. I wish I'd done it much sooner. I have moved out of family home and I did that by applying for housing. I've just spoken to my solicitor today. My ex has ignored previous contact and attempts at mediation quite early on. It's hard work. It's shit. And it's getting me down. But it's the only way.