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Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

Ex won't make decision about joint property

9 replies

888charlie1 · 10/06/2018 06:27

Hey..need a little advice.
Split up 4 months ago. I left our shared house due to domestic violence, took child with me. Left him in our jointly owned property. He is now not willing to make any decision regarding house; sell it, one of us keep it.
How easy is it for you to force them to make a decision?

OP posts:
NotTheFordType · 10/06/2018 06:41

its not easy. you need a solicitor.

Whatiwishfor · 10/06/2018 08:14

You may need to go through the courts. I believe they can make a final decision. Whats he unsure about? or is it that hes just being difficult?
Iv struggled to sort out my finances as my stbxh has done all he can to avoid sorting it (probably cos hes hiding money!) he is self employed. It has taken nearly 18 months to come to an agreement. The only thing i would say is 4 months isnt long so maybe hes just all very intense atm?
The courts priority is to house the children so if you have an interest in living in the house and he doesn't then you may be able to move back in (once he has moved back out)
Im sure the courts can force it as unfortunately this must be a common.

NotSuchASmugMarriedNow1 · 10/06/2018 08:21

How would you like things to pan out? What would be you're first and second options. Could you give them. Some thought and go back to him with a workable offer?

888charlie1 · 10/06/2018 08:39

I've sd he can have the house, just need to sort mortgage out but he's just being difficult.
He's already started seeing a new partner, but saying not serious.
Still trying to control me: asking me to feed his dog while he's with new girl, I have to take child to see him.
Been together for 15 yrs but i just want out of this whole situation now x

OP posts:
TERFragetteCity · 10/06/2018 08:42

It cost my Ex £30k when he did this, 15 years later.

Get a solicitor now.

NotSuchASmugMarriedNow1 · 10/06/2018 09:46

Are you married

888charlie1 · 10/06/2018 10:04

No not married

OP posts:
MrsBertBibby · 10/06/2018 10:08

You need to see a solicitor. The law on jointly owned property is a nightmare, and the court process is a stinker.

Jonbb · 10/06/2018 10:26

If you are joint tenants you should make a will pending sorting the house out. Your options are, he buys you out of your share of the equity by paying you cash or he mortgages to raise the capital. Or the property is sold with you each receiving the equity in the property once the mortgage is discharged. Whether he mortgages will depend on his income. If he refuses to do anything you can apply to court for an order for sale under the family law act. This is not difficult to do and you can represent yourself. You will need as much documentation as you can find for the court. If the property is held as tenants in common and there is no deed of trust, as with joint tenants the property is presumed to be held in equal parts. Any paperwork showing the on the amount you each put in as deposit, the current mortgage statements, a copy of the land registry entry which you can obtain online for a small fee, 4 pounds or so, and up to date mortgage statements. Recent valuation by an estate agent, or copies of other houses similar on the street would be useful. If you don't want to do it yourself, you could engage a solicitor or a direct access barrister, who can draft the application. Before incurri g any costs you need to send your ex a letter, informing him what you require him to do. Give him 28 days to seek advice, engage valuations, and see a mortgage broker and make you an offer. Tell him you require an answer within 28 days or you will be applying to court for an order for sale. This is known as a letter before action. There are several solicitors on here who I am sure will be able to tell you which form to use for the court application, because I don't have my book to hand and can't remember.

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