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Family home sale

5 replies

JAY3456 · 19/01/2024 21:01

I own a family home with my now ex, and we have a child that lives in the property with them. I've moved out recently.

Is there any way I can force a sale of the property? We weren't married and the house is a joint tenancy so we're both legally entitled to half the equity of the sale.

I've read a court will take into account how easy it would be to get another home from the sale. This shouldn't be an issue (though would mean a downsize) as the current 5 bed they're sharing is about 90% paid off already.

The ex partner refuses to sell amicably and I can't force them out of the property obviously, however would I simply need to wait another 6 years for my child to be 18 before I can force the sale?

Thanks for any advice that can be given
J

OP posts:
Spirallingdownwards · 19/01/2024 21:05

Yes in the circumstances yij describe it is likely that a court would order sale. I assume their 50% share of the 90% equity will buy a smaller property outright or be a substantial amount of equity towards one. Are they working and able to get a mortgage?

JAY3456 · 19/01/2024 21:32

@Spirallingdownwards 45% of the current equity would equate to 60-70% of a good three bed house locally at current market rates. They're working earning 30k+/year with at least 17 years before retirement age. Their credit rating is fine so I see no reason why they wouldn't be able to get another property with a 60%+ LTV

Thanks for the response
J

OP posts:
Mumof3confused · 20/01/2024 11:01

The court would say that each of you needs a 2-bed home if you have one child. I would issue them an open offer of 50% of the value of the family home. If they refuse and it goes to court, you can ask that they pay your costs because they’ve been unreasonable and wasted your money.

Mum2EmLuJa · 20/05/2024 15:05

Hi, after some advice, trying to sell house I owned with my ex husband (13years seperated, 10 divorced). He currently lives in the property, I live 260miles away with our 14 year old daughter with my new husband and younger children. It has been up for sale since xmas but he is being obstructive and not letting viewers in and also estate agents told me it stinks of weed-he is very mentally unstable at the moment and currently has his 18 year old apprentice living in house with him acting like students. It is all stressing me out and making me feel ill. I want the financial ties severed and also my equity (around 65-75k equity between us in house). With living so far away don’t know what I can do and I can’t even speak to him as he is not answering his phone 😭

JAY3456 · 21/05/2024 18:19

Mum2EmLuJa · 20/05/2024 15:05

Hi, after some advice, trying to sell house I owned with my ex husband (13years seperated, 10 divorced). He currently lives in the property, I live 260miles away with our 14 year old daughter with my new husband and younger children. It has been up for sale since xmas but he is being obstructive and not letting viewers in and also estate agents told me it stinks of weed-he is very mentally unstable at the moment and currently has his 18 year old apprentice living in house with him acting like students. It is all stressing me out and making me feel ill. I want the financial ties severed and also my equity (around 65-75k equity between us in house). With living so far away don’t know what I can do and I can’t even speak to him as he is not answering his phone 😭

Sounds like you'll need to go the court route and force a sale tbh. People get very bitter/childish unfortunately when they separate... something I'm having to endure still myself. Chances are if you try to do this outside of court they will just put prospective buyers off on purpose

J

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