Forcing a house sale

[Globules]

Friends son and ex partner split 8 months ago. They have a 5 yr old and a 3yr old. It took him 4 months to persuade her to sell the property. She wanted to stay in it, with son paying the full mortgage costs and child maintenance (the full amount as if he never had the children overnight) and council tax. Whilst he lives on friends sofa and they have the kids 3 nights a week and every other weekend.

He tried to just pay his half of the mortgage and maintenance, but she stopped him seeing the children. So he figured he'd just pay this stupid amount whilst the house sold to keep her sweet.

She has a part time job, as that's all she can make work around childcare apparently. So can't afford to keep the house alone.

Buyer was found. Searches complete. Exchange date set. Last night ex partner decides she's pulling out of the house sale.

What options does the son have please?

He will need to apply for a court Order for Sale, and ensure that the court awards him sole conduct of the sale, giving him control over the process and effectively removing his ex’s ability to influence it. If he can demonstrate that she’s deliberately stalled marketing and then actively prevented an agreed sale from going ahead, this shouldn’t be refused. His current solicitor may be able to assist him in getting the Order, or direct him to a practice who can if not.

Yes court is his only option to force a sale.

Were they married?

If not, I think he is in trouble if she is not cooperative. He could go to court to force a sake, but with young children living there he might not get it.

Is the agreement to sell in writing?

The nuclear option is to move back in until she agreed to sell, or at least threaten to do so, assuming he’s not an abuser,

Yep he needs to go to court to force her to sell.

If he goes to court and tell them what his ex did he will get the court to order the sale. He needs only to pay maintenance for 1 day a week if he haves them 3 days a week. He needs to get an order for children too if his ex is using DC as hostages to make him pay more.

Thank you. I've passed this on.

@DadJoke They weren't married. She signed all the EA docs and the legal agreements agreeing to sell.

He initially tried living on the sofa, but she made things hell in the house and was constantly angry and trying to hit him. He moved out, as he didn't want his children to be living in that environment.

If there was a legal agreement he has strong position - PP’s order of sale giving him sole control is the best idea. If it’s not too late to recover the sale a solicitor’s letter to her to this effect might work.