Active discussions

Meet the Other Phone. Child-safe in minutes.

Meet the Other Phone.
Child-safe in minutes.

Buy now

Please or to access all these features

Talk
Money matters

Find financial and money-saving discussions including debt and pension chat on our Money forum. If you're looking for ways to make your money to go further, sign up to our Moneysaver emails here.

Original poster

Ex refuses to sign house over

54 replies

Leannedunn123 · 31/10/2021 08:18

Hi thankyou for trying to help me with my question.
My ex (father to our two children) left last June. We were never married and have a house together as tenants in common. I own 80% and he owns 20%. I live in the house with our 2 children.
His 20% is worth nearly £8000. I have passed all mortgage checks and can now take on the mortgage myself as since he left he never made one payment towards the mortgage and I earn enough to have the house in my sole name.
However he has now said that he won't sign which is frustrating.
I offered to pay £3000 repayment charges and all of the solicitors fees so all he had to do was sign but now he won't.
There has been domestic violence on the past which I have got the help I needed for with women's aid, my doctor and police so I went to the solicitor last week who said if he refuses to sign I can take him to court and get back missed mortgage payments of his 20% totalling over £2000, he will have to pay half the mortgage repayment charge I offered to pay of £1500, my solicitors fees which I'm not sure what they are yet and I can also sue for emotional distress for being obstructive so he would be lucky to come out with any money if it goes to court.
Does anyone have any advice please on how to handle this situation or when an ex partner was being purposefully obstructive?

Thankyou

OP posts:
Cakequeen1988 · 31/10/2021 08:26

You have a clear picture of your options and so I would lay it out to him. Sign, with you being more than reasonable, giving a deadline of when to sign by otherwise you will take him to court. Leave the decision for him to make and then don’t feel a bit of guilt if you do take him to court and he gets noting.

Karma comes round and he is still trying to control you. He will get his comeuppance if he doesn’t sign.

You sound well organised and are being very fair. Take him to court if he hasn’t signed in 2 weeks.

AnotherMansCause · 31/10/2021 08:32

Be completely reasonable & polite at all times, & document every bit of it.

Dindundundundeeer · 31/10/2021 08:40

Exactly as above. You could ask the solicitor to write to him though and show you mean business. Depends if you think this will cause him to dig his heels in or not.

Original poster
Leannedunn123 · 31/10/2021 19:30

Thankyou for your help. I'm a big believer in Karma. Thank you

OP posts:
Original poster
Leannedunn123 · 31/10/2021 19:32

@AnotherMansCause

Be completely reasonable & polite at all times, & document every bit of it.
I have all my women's aid letters and doctors notes, police reports and supporting letters. Thank you
OP posts:
Original poster
Leannedunn123 · 31/10/2021 19:36

@Dindundundundeeer

Exactly as above. You could ask the solicitor to write to him though and show you mean business. Depends if you think this will cause him to dig his heels in or not.
Thank you for your message. I have paid £250 for a solicitors letter to be sent to him outlining everything he will have to pay half of if he chooses not to sign. They are sending it to him this week and he has 14 days to sign it. £1500 early repayment charge £2000 missed mortgage payments My legal fees His own legal fees if he chooses a solicitor And emotional distress £1000 Thank you for your answer
OP posts:
EinsteinaGogo · 31/10/2021 20:02

Some good advice, above, OP.

I just also wanted to say a MASSIVE hats off to you.

It sounds like you've been through a terrible time and have pulled yourself up to this secure, stable position.

I bet that wasn't easy. Testament to your strength - bloody kudos to you 👍👍👍

Original poster
Leannedunn123 · 31/10/2021 22:38

@EinsteinaGogo

Some good advice, above, OP.

I just also wanted to say a MASSIVE hats off to you.

It sounds like you've been through a terrible time and have pulled yourself up to this secure, stable position.

I bet that wasn't easy. Testament to your strength - bloody kudos to you 👍👍👍

Thankyou so much for acknowledging that. It's been tough but it's nearly over, fingers crossed... 🤞
OP posts:
Cakequeen1988 · 01/11/2021 07:28

The price of the letters is eye watering isn’t it however you have been so thorough and there is no wriggle room now for him to mess you about!

Go forth, enjoy your life and flourish. A life well lived is the best revenge!

Weenurse · 01/11/2021 07:31

Good luck, and please let us know how you get on 💐

Darbs76 · 01/11/2021 08:15

Can your solicitor send him a letter outlining what he will have to pay if he doesn’t sign?

Original poster
Leannedunn123 · 01/11/2021 10:58

@Cakequeen1988

The price of the letters is eye watering isn’t it however you have been so thorough and there is no wriggle room now for him to mess you about!

Go forth, enjoy your life and flourish. A life well lived is the best revenge!

I love this cakequeen! Letter will be sent out this week from my solicitor. THANK YOU 😊
OP posts:
Original poster
Leannedunn123 · 01/11/2021 11:00

@Darbs76

Can your solicitor send him a letter outlining what he will have to pay if he doesn’t sign?
Hi, yes my solicitor is doing that this week. He really will be a fool if he decides not to sign in my opinion. Thankyou for answering my question
OP posts:
ivykaty44 · 02/11/2021 20:25

In this case his share of the house can be used to pay up the costs

timeisnotaline · 02/11/2021 20:29

Good advice!! Here’s to being rid of him.

Original poster
Leannedunn123 · 06/11/2021 19:23

Just to update everyone I should have a copy of the letter on Monday to have a look at incase I want to add/change anything and it should be with him by the end of next week all being well. 👍

OP posts:
Original poster
Leannedunn123 · 06/11/2021 19:24

@ivykaty44

In this case his share of the house can be used to pay up the costs
Hey, could you explain a little more please x
OP posts:
Weenurse · 07/11/2021 05:52

Good luck

GreenLunchBox · 07/11/2021 22:50

You can force a sale/buy out by going to court. People normally say it costs £££ but when I looked into it for myself I felt it was something I could do myself without involving solicitors. If your agreement is watertight surely you can represent yourself at court. Just issuing proceedings should be enough to rattle an idiot like him. He might go along with it up until the point of court then probably won't turn up. The best way forward would be a strongly worded solicitors letter explaining how unlikely he is to succeed etc

Your deed of trust hopefully says that either party HAS to buy the other out when requested. Mine did.

Original poster
Leannedunn123 · 09/11/2021 11:42

Hello everyone- just an update. I have had a draft of the letter and it it being sent out today. He has till 22nd to drop off the signed documents to my solicitors office so it is in good hands.
My solicitor has put in the letter that if he chooses not to sign they will be instructing me to fill in a costs application form to take the matter to court to seek my ex to pay my costs in addition to his own which could be between £10,000 and £15,000.
By this does it mean all of my court fees and I won't have to pay anything at all?

Thanks

OP posts:
BingBongToTheMoon · 09/11/2021 11:51

@Leannedunn123

Hello everyone- just an update. I have had a draft of the letter and it it being sent out today. He has till 22nd to drop off the signed documents to my solicitors office so it is in good hands. My solicitor has put in the letter that if he chooses not to sign they will be instructing me to fill in a costs application form to take the matter to court to seek my ex to pay my costs in addition to his own which could be between £10,000 and £15,000. By this does it mean all of my court fees and I won't have to pay anything at all?

Thanks

Sounds like it (although I don’t know for sure). Good luck!
Cakequeen1988 · 09/11/2021 15:31

Yes it’s referring to all costs incurred

Original poster
Leannedunn123 · 09/11/2021 16:16

@Cakequeen1988

Yes it’s referring to all costs incurred
Omg really? I spoke to my solicitor who said if he chooses not to sign, when it goes to court it will be a ccj against him which will affect his credit massively and potentially stop him getting a mortgage in the future. All of this because he is too stubborn to sign. Someone really needs to talk some sense into him before he puts him self in the s**t
OP posts:
alwayswrighty · 09/11/2021 16:49

If he's anything like my ex he'd rather cut his nose off to spite his face.

Good for you for standing up to him, and someone uptrend is right when they say the best revenge is a life well lived.

alwayswrighty · 09/11/2021 16:50

*upthread- flaming autocorrect