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Forced house sale whilst willing to buy ex partner’s share

2 replies

Fclondon · 12/01/2024 23:01

Hello everyone

I’m progressing with divorce proceedings and have already a set date for the first hearing.

I received last week a notice of severance on our family home from joint tenancy to tenancy in common with equal shares. I was not consulted in any way as we have absolutely no contact at all for months now.

I have offered to buy (verbally not in writing) my ex’s share based on the estate agents valuation minus early repayment fees and costs of potential sale. Ex doesn’t want to sell to me and don’t not enter any discussions.

I wanted to ask what happens if she applies for a forced sale of the property considering that I am willing to buy her share . How would the judge view this? Do I need to make my offer in writing to have something to present in court that I was trying to be reasonable and expedite procedures.

has anyone been in a similar situation?
can the judge force the sale of the property and give it me considering I am willing to buy ex’s share? Or can simply force the sale to a third party? Doesn’t seem reasonable to me at all…

unfortunately I can’t afford to spend money in solicitors fees at this stage and planning to be litigant in person in the financial remedy proceedings

apologies for the long post and thank you in advance for your answers

OP posts:
MooseBeTimeForSnow · 12/01/2024 23:27

Severing the JT just means that her half won’t automatically transfer to you if anything happens and vice versa. And she wasn’t obliged to consult you on that.

And it’s clear she wants more than 50% of the equity ….

prh47bridge · 12/01/2024 23:36

The judge will not force a sale at this stage. The full financial settlement needs to be sorted out.

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