When you divorce or separate, one of the hardest decisions to make is what to do with your home. It’s your biggest asset, especially as house prices continue to rise, but it also has a history for you both, and may represent and ideal place to continue living for one of you. So what are your options?
The Basics
You should always seek qualified legal advice on these matters, but in a nutshell, of you’re married, in a civil partnership or living together and own the home jointly, your partner cannot sell it without your permission.
Even if your partner is the sole owner, if you’re married or in a civil partnership, your partner still can’t sell the home without your permission (this does not apply if you’re simply living together).
In other words, you do at least have a safety net – in most instances you can’t be simply thrown out on the street. However, be aware that if you’re just living together with your partner as the sole owner, and you have no agreement in writing to show you have a financial interest in the property, then you have very little legal status, and even in court you’re unlikely to see any proceeds from a sale.
Staying In The House
It’s not uncommon in a divorce for one partner to buy out the other and stay in the family home. Make sure there’s an independent valuation on the property to ensure a fair price is set. Of course, much of this is dependent on you or your partner being able to obtain a mortgage for the appropriate amount.
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
If Your Partner Refuses Permission
If you want to sell and your partner doesn’t (or vice versa), one person can begin an action of division and sale in court. However, the other party can petition the court to a division of the proceeds, or to buy the place at a market price or one decided by the court.
In the case of one person being the owner of the property and the other withholding permission to sell, then the courts can allow the sale under certain circumstances. In essence, these are if one party is unable to sign for medical reasons, if one party has vanished and can’t be found, or if the court believes that permission in being unreasonably withheld.
It can also attach conditions to the sale, such as setting a date by which any sale has to be completed, or a minimum selling price.
How Much Can You Expect?
Obviously, it’s impossible to put a figure on how much you’ll receive. But a sale doesn’t mean you’ll split the proceeds 50-50. It all depends on what you agreed when you bought the place, whether one or other of you has put a lot into the property, how the deed reads, and if you can come to an agreement, either between yourselves or through solicitors, when you break up.
If you can’t come to an agreement, the court will decide for you, taking several factors into account. If you’re married, then it will depend on who paid part of the deposit, whether one or other of you has really been making the mortgage payments, who will be looking after any children, the income of each partner, and what other resources either of you might possess.
The court can also decide, if one of you is raising children from the marriage, that that person can remain in the property with the children until they’re of age, or even without children, that one person can remain in the property and pay rent to the other party.
He doesn't want to sell the house, because he doesn't have enough money or a strong enough income to purchase another property and his industry has been hard hit by the lockdown.
I want to sell so I can move on.
What can I do?
How long does a "order for sale" take?
Thank you for your help
We put down the same amount of deposit but I have been making all the mortgage payments and invested a lot more in renewing the flat.
Now we are selling the place and she things that regardless of how much she put in we will get 50:50 once the flat it’s sold
Is that correct or should I be getting a bigger share given the fact I invested more?
Many thanks
My husband left me at the start of lockdown and we have an 8 month old son. He moved out of the home we both own soon after and has rented somewhere else.
Things have started to get very sour from my husband and we have agreed to sell the property. He makes a substantial more than me and I have our son the majority of the time. I would say he has him approx 30 hours a week.
What are my rights for when we sell. He put in a small amount more towards the deposit. Would we then split it 50/50 when we sell or does he get more as he out in more?
Me and my partner separated 18 years ago now and myself and my 2 kids lived in the house.
We were never married but the house is in both our names.
Be only paid the mortgage for the first year he lived in the house and never helped once he moved out. He never gave child maintence while the kids were growing up either.
I would like to get him off the morage but I don’t believe he deserves me to give him 50% to buy him out but legally his name is on the deeds where do I stand
My fear is she cannot afford to buy me out abs thinks ignoring the situation means she stays in the house with nothing to pay.
Where do I stand? If she is unwilling to meet my fair demands for buy out, I would like her also removed and the property sold on our behalf.
My brother and I now own my mother's interest in the property. Since her death, we have fallen out with the boyfriend.
We do not speak and my brother and I hold no emotional attachment to the house.
As we have no relationship with said man, are we able to sell our mother's interest as she left it to us?
He is currently living in the house and has had a few new relationships move in and go. As stated, we Re not on friendly terms and just wish to move on without this hanging over us.
This was a DV case & he was removed from the property by court order so not a man that is usually willing to negotiate or be reasonable.
Appreciate any advice
Thanks in advance
I have bought a house 2 years ago together with my cohibit partner, unfortunately the relation seems to come ending now we don't have any children nor married. I want to sell the house but she doesn't it's complicated now what to do.
Would there be any solution for that please advise.
Kind regards
Thankyou,
Kathy Hall
It appears that my partner of 30yrs prefers my sons company rather than mine. So I'm just wondering what I'm suppose to do now when it comes to my legal rights.
I suffer from Alzeirmers and epilepsy and my speech and memory have been affected which doesnt help me keep my concentration flowing.
I have moved 250 miles to get away from the home we thought was the one but now I am left with nothing, although according to what I've read, I am still entitled to 50% ... So.... Whats the first thing I should be doing to get the ball rolling on recouping a bit of the money I put into the house in the first place..I am 66 yrs of age with no home and no money. My sister of seventy has kindly taken me in with her love and support..... a confused idiot
I want to buy him out of the property as it has been on the market for over 2 years and not sold. We have had no interest or viewings in the past 6 months, it is overpriced in relation to two other houses in the same road.
I would take on the remaining mortgage that has 4 years to run. I have a pension and work so am able to afford this. And have a lump sum to buy him out.
What can I do to get this sorted. He no longer lives in the UK and has debts of around £15k attached to the credit file of the property which he is not paying.
Thank you
I feel like I'm stuck in this relationship and house because I can't afford any other option. How difficult is it to sell the house and leave with 50/50? I doubt if he'd want to leave the property. But we can't go on like this.
My wife left 7 years ago, I was granted sole custody of our two children (7 and 12) and get no maintenance from her. She has refused to answer letters from solicitors, social workers, the courts and bailiff etc. I now being chased for council tax in a house I cannot sell as not got her permission, utilities too. I just want the house sold, but believe she is unwilling to do so because then she would no onger be entitled to her current nice benefits, DLA, council tax benefit and a nice new build flat for starters
Is there a formula to use?
Anyone have knowledge of this or is it just take it to court and hope for the best?
She has no money whatsoever and cant buy me out.whats best advice ?
If we are going for 2 year separation can we sell our home and divide equity legally with a solicitor so we can both rent separate homes?
does the court take these type of matters into consideration as part of its decision should she petition to sell?
does the court take these type of CARmatters as part of its decision should she petition to sell?
She does not want to sale and I do,
She just wants to refinance to get my name off title
I want to sale and split 50/50
She won’t budge
What options do I have?
I have been out the house for 1 week
we have had the house for one month and we are joint 50/50 owners
I can no longer afford to do this, however the house is up for sale.
He is refusing to lower the price, expects me to continue paying halg, all whilst he lives there and I pay rent elsewhere.
What can I do??
Thanks
Things have broken down and I need advise on how to go about selling the house.
We have a joint mortgage, but aren't married and I know she wouldn't be able to buy me out.
Do I own the property outright and how are my siblings able to force a sale when I don’t want to move on.
I have our 2 children aged 15 & 7 in the house and he moved out
He now wants to try to force me to sell the house I will have nowhere to live and I also work from a converted garage in the house so I would lose the home and my job and would still have 2 children to provide for
How can I stop him
What can I do to get she accept a buyout?
4 years ago, my dad gave me 50K to put down on a house. He gifted it to me but was for me, my partner and our child.
After a year of owning our home together which I had paid EVERY bill and mortgage payment every month. We split up.
I moved out and continued to pay everything whilst my ex and son lived there as well as paying for myself to get by.
They eventually moved out and found somewhere closer the her family so I had to get tenets in to pay the rent (illegally)
I have been trying to get my ex to sell me her share as this house was basically a gift from my I’ll dad.
She refuses to sell to me, won’t buy my share and refusing to sell the house full stop.
How and what can I do to get MY HOUSE BACK!
Never married so assume technically ‘cohabitating’
Joint mortgage
3 kids under 13yrs - we are still in house
Is he liable for 1/2 mortgage despite not living in house plus maintenance on proportion of his income?
After a year I couldn’t afford to pay my own rent and pay the mortgage so we come to agreement to pay half each .
I changed the title to tenants in common .
Since February I’ve been out of work and become homeless staying in a homeless shelter.
I’ve been told I’m not entitled to Benefits , No JSA because I’ve only been self employed for the last 8 years I haven’t paid class 1 only 2 and 4 .
No universal credit because I have equity in a property I don’t live in (there’s £120,000 equity).
My only option is to force the sale then I will be able to get on and rebuild my life but without any funds it seems impossible .
My ex doesn’t want to sell the property and she don’t have the funds to buy me out .
I just feel I’m stuck in a hole I can’t get out .
S My husband was never on the mortgage, or the quick claim...please help
Does he have to sign off even tho he is not on the mortgage?
Lynne.
She told me that she's going to sell the house so that I can buy my own house, as I cannot keep paying rent as well as half of bills and maintenance, but now she says she won't sell
I am in a financial state so I would like to sell my share of the property, can anyone help me as i dont know who to speak to it about it or where to turn
I would like to sell my half of the property. Either to her or otherwise.
Legally I don't know where I stand, as yes I've payed the bulk of the mortgage so far and still paying half. But her farther gave us the 40k for the deposit on the house in the first place, and the money for the extension came from her inheritance, an extension which has of course increased the value of the house.
So, I guess legally I would like to know where I stand.
Thank you x
I recently brought a house with my now ex partner. As I already own 2 properties we used the sale of her old martial home as the deposit. To ensure her deposit was always safe I advised her to put a declaration of trust in place, in the case we did split, she would automatically receive this back. I did this as she has 3 children from her marriage, and regardless, I wanted to ensure if anything should happen they would always have this money if anything went wrong. I really didn’t foresee us splitting up, but we did, after only 2 weeks of owning the home. We have a joint tenants mortgage, 50:50 in place. My ex kicked me out of the house and would not allow me to take some of my personal items that I brought from my previous house to furnish the new. She has also informed me that i will have to pay a larger portion of the mortgage, its currently £1100 pcm and she expects me to pay most of this. I have told her i am financially unable to do this as I have other bills. She works, receives child benefit, child maintenance and is now re-applying for her working tax credits. I have offered to pay some towards the mortgage, £300 but she is refusing. She said she would not pay the mortgage and i would get a poor credit score, and she would be ok as she has her £70k. I have tired to inform her this is not the case and we must keep paying the mortgage or sell the house. She said no judge or court in the land would force a sale as she has children. I don't want to sun settle the children, they mean a lot to me, i was with their mother for 2 years, and i am happy to pay my way, but, i will not pay most of the mortgage as I feel this is unjust and unfair. Any advice would be greatly appreciated.
My question is:
My ex and the estate agents have placed my house on the market with out asking or me signing anything!!
The esate agents was managing our property while we live in another part of the world so they know I own 50% as I have to sign documents for new tenants to move in!!
Is this illegal in the UK from both parties
Looking for help as I feel I like to get a lawyer involved regarding the estate agents and my ex but not sure where to look?
Much appreciated
The deeds are in my name only.
Is there a way we could stay in the house.
Where will we live once equity is used on private renting. We dont deserve to be destitute. ??
i left in 2008 our daughter was still living there until age 20 its been 4 yrs since she left. we emptied most of the house TO SELL now he wont sell or buy me out he forged my signiture not long after i left in 2008 and changed the mortgage from repayment to interest only he is not maintaining the house at all. to top it off he has filled the house with alot of his new partners furniture as shes just moved into smaller accommodation and cant fit it in her property i dont know what to do. Hes now ssaying i have to pay half of the interest only mortgage is this true ? all my money is sitting in that house thats going into disrepair it was alway one excuse after another not to sell with him ive been waiting patiently for 10 nearly 11 yrs i need help dont know what to do and its making me ill
poor, due to pay day loans etc. I myself was and had always been the main bread
winner (apart from a year where I was re-training to be a teacher) so in the
interests of fairness I decided to share the equity with my partner, after all that is
what I thought you should do in a long and committed relationship (hindsight is
a wonderful thing). After several months of living at our joint house my ex decided that he no longer wanted to be with me. He had been seeing other men and spending long
periods of time in London, stating that the journey was too long between the
house and work. In March 2015, we official spilt.
Initially this was amicable. I allowed My ex to live in my home for several
months as he found a flat in London. I paid for the deposit for said flat on the
agreement that he would transfer his half of the equity when the time came. At
the time I was convinced that my ex and I would be able to repair our
relationship, so I took him flat hunting, took him to work each day, paid for new
business ventures (that did not pan out) and started to pay for the whole of the
mortgage including all bills, life insurances and taxes, putting more support into
my ex then was required in my diminished responsibility as a ‘friend’ now
rather then a partner.
We had appointed the solicitors that had assisted us in the purchase of the
property to initiate the transfer of equity. My emailed them informing them that he did not want to seek any financial reimbursement for his half of the equity share in light of money already received.
Unfortunately, I had been signed off from work due to mental health and stress
related symptoms. My employer decided that they were not going to support me and; started the process of disciplinary, in the end I was dismissed for all intense
and purposes. So I was not in a position to be able to take sole responsibility for
the mortgage and; was not able to remove my ex's name from the mortgage
as it required a new mortgage, either way it was financially costly.
To cut a long story short, I had my ex sign a make shift letter of intent, which he did when he moved out. I cannot find him and my fiances have got even worse. I now need to sell my home, does anyone know how this can be done in my present situation please? Any advice would be gratefully received. I am now married and want to make sure that we can start a fresh in a new home of our own.
He is serving a substantial sentence in prison and the ex wife (not officially divorced yet) has so far attempted a suspect letter trying to direct him to sign the house over to her. There appeared to be no official solicitor stanp etc, despite claiming to be from one. She is aware that neither of them can sell without permission from the other. He signed nothing, believing it to be false.
He has had another letter, this time naming a solictor, with address. It is directing him to agree to the sale of the home due to him not returning to it for possibly ten years. There are no other guidelines as to what exactly he would agree to, ie signing over all rights to any monies due, despite it being him who has almost paid off the remaining mortgage. It has been hinted if he refuses, his ex will take him to court and they may seek that he pays those expenses. Can they do that if he is in prison? Where does he stand, as there are many deceptions and manipulations in the family.
He owes me £5000 personal loans and i put down the entire depoisit on the house down . i just want to move on with my life now, he has a room with his new girlfriend and i have a new partner, but still one day he wants to sell the house to me , the next changes his mind, he always asks me to borrow more money , and refuses to even now pay for his own solictor , i am at a complete loss as how to get out of this revolving nightmare. I don't have alot of spare money enough to go to court and so have to stay in the house while he can come and go bringing who he wants into the house, I don't feel safe here, but am afraid to leave as he will take over the house , he pays no bills so doesn't care about the costs, i don't want a bad credit rating so have to keep paying, as hope to buy my own place .
He has been emointly blacking me , not excepting even after two years of splitting up that i don't want him back , i'm trying to be tough but need advice as i can't trust him to keep his word to sell , but need to move on with my life
I need to force a sale as this mental torture and threats are having an impact on my health , he has pushed me and threatened to burn the house down , even infront of my boyfriend . i have no idea how to move forward .
.
please help
As this a domestic abuse case, is there any way of having him legally removed from the deeds?
We have now split up but are currently house sharing. So in the near future we will be selling the house and going our separate ways. So my question is am I entitled to get my £130,000 back out of the sale of the house, which is worth about £275,000 or will we have to split the profits 50/50 ??
J B
This has massively increased the value of the property. I also have a 17 year old son who lives with me. She wants me out. But I can’t afford to rent on my own. I wang to put the house on the market and sell so we can split the money.
Please advise.
My partner left me suddenly and moved to USA. She is still on mortgage after 5 years as I haven’t been in contact and not sure where she is. I can’t remove her from mortgage without her permission or move house which I want to do what can I do?
We have our decree nisi due In 10 weeks. How likely is the judge going to award him money from the sale?
Many thanks for any advice
Solicitors says they can't act for the two us us, my ex must get his own solicitor... Just bumped up the fee £1100.
Are we being ripped off?
I paid all the deposit (25k) and have paid a minimum of 50% of the mortgage payments.
She lives there with my kids and I have paid 50% of the mortgage since I moved out.
She paid about 8k for some work on the house and has also redecorated.
I am having to pay £6k to correct the work previously done, which she says she can’t contribute to.
Given the expense (6k) I have suggested that we just work out who has spent what over time, then split the equity later - eg 52/48. She refuses to accept this.
Would it stand up in court to claim back my deposit / additional money spent?
the value of the property. His brother is refusing to sell. What rights does my partner have and what can he do? he does have sole beneficiary.
Regards Picky
Have you any advice on this as need to get him sign mortgage over and don’t even know where he is...
I paid 80% of deposit and pay all the mortgage but she’s demanding 40%
to buy her half or if we sell .Surely this can’t be the case.
Also we’re not married and children are involved ..
I've spent the last 4 years living in expensive damp flats not suitable for my chilfren there anything I can do?
Any help would be much appreciated!
The deed is still in the banks possession and he has been asking me to sign it so that it can be released.
Where do I stand in terms of selling the property? I don’t have any intention of trying to claim 50/50 because it was eventually paid for with his super, but how do I make him agree to sell when he says he won’t?
My partner has a house ( joint tenancy) with his Ex.Bought in 2005 He paid a 40k deposit and the mortgage for 5 years.
They split in 2010 and she refuse to sell. She has paid mortgage for 5 years.There daughter is 13.She lives in this 4 bed house renovated and improved by my partner with her daughter (who she had with my partner) her partner and his son.
My partner can't get a mortgage with me because of this and he needs his equity back so we can get a house together.The house is valued roughly at 190k and mortgage left is around 70k.
Has he got a case? We are all in our late 40s so need to get a new mortgage soon.
Do we have to wait until his daughters 18 we will be past getting a good mortgage buy then.
Thanks
Apart from getting the property repossessed is there anything else i can do?
Regards,
M
The house we live in and mortgage we both pay towards has my wife and her ex' name on it, he lived in the house and paid the mortgage for 6 months before leaving.
The deposit was a loan from her father and he wants it returned now.
Recently we wanted a fresh start and decided to put the house up for sale and find out how much her ex wanted so things would run smoothly when trying to buy a new house.
My wifes ex said he wants half of the equity,
I cant get over the cheek of him after ive been paying the bills, upgrades and caring for their kids (as much as i love them i know their not my own and im reminded of this by their father) and transferring the money over to my wifes account to pay the mortgage.
The house is sale agreed with positive equity and our offer on the new property has been accepted but im scared the equity we have gained will be drastically cut and we wont be able to afford the deposit on the new house.
Can he, by law ask for this money and expect to get all of it and where do i stand financially as a marital partner in all this?
many thanks for your help
I bought a property with my ex-husband in 2006. My new partner moved in with me in 2013. I have been making mortgage repayments on my own until September 2016 when we bought my ex-husband out and acquired a joint mortgage with my partner. At this point the property was valued at £225k and the outstanding mortgage was £165k. I wanted to put declaration of trust in place to secure my equity but my partner was very much against it. I made a mistake there. So we are tenants in common now. Now the financial position is difficult and both of us are getting into debt. I want to sell the property so that the debts can be cleared but my partner refuses. I am worried about getting into any defaults because of my profession but he doesn't seem to understand. I want to leave this relationship and sell the house. Could you please advise if the proceeds will be split 50/50 or the fact that I had some equity prior to him getting the joint mortgage will be factored in as well? What should be my steps to force the sale please? Many thanks.
We have a joint mortgage and living together in the property for 3 years, 2007 - 2010, before she left.
She said at first Sell but because of the credit crunch it was pointless, no profit, after which she said " I'm not bothered and you can have the property "..... I then starting paying off credit cards and debt we had after taking redundancy from my previous job at Tesco Distribution. I also transferred the mortgage payments into an account in my name only with HSBC, which I've been paying for since the slpit 7 to 8 years.
My question is, I've lost contact with her, so don't know where she lives, she changed her mobile number and she has never contacted me since so how do I sell my property with her name still on the mortgage and if I make profit what are my legal rights to have 100% or a large % due to time effort
Mortgage payments, bills payed off etc etc ....?!
When the house sells does the money get paid into a joint account we have and then split 50/50 until we can agree a financial settlement for other assets ie pension pot, spousal maintenance etc.
I'm now looking to buy my own home with my partner however we are financially unable to while I am still on a mortgage with my mum and she refuses to do anything about the situation. Do I have the right to force her to sell if she is refusing to in order to remove myself from the mortgage?
My partner had a house (which used to be his parents years ago) that was half in his and half his brothers name. We both lived in the house our 2 children for about 4/5 years. The house was in a real mess when we moved in and did a lot to make it a home.
In 2015 we put on the market but had no luck selling (Brexit!) we decided to buy his brother out, do some renovations and then put on market again.
We remortgaged and bought his brother out. I was on around 14k more a year than my partner, there was no way he would've had mortgage approved without my salary. I was on deeds as tenants in common. We then managed to sell in 2016. When the funds came through from the sale they paid it ALL into my partners account.
We separated last year and he is now denying me access to any of he remaining funds and is buying himself a property with it.
Where do I stand? All I want to do is be able to buy a house for me and my children so we don't have to rent and chuck money down the drain!
We are separated with husband and i have bn push out off the property but still have my furniture and clothes in the house
He pays off the mortgage and give me 100 pound a week.
So my question is if i sell the hse with his permission does the money goes to 1 or 2 pples accountant??? Pls respond asap
Thank u
Thanks
Do I have a case against him and/or the letting agency who were aware of the negative situation between us and told to contact us both with any change.
S
Thank you
I have tried for years to get him to hand the house over but he has been obstructive and unwilling. I decided to take this to court myself as I cannot afford any more legal fees.
although I have a very good chance of winning at court, I am scared of him being entitled to half my house (we all know the law sucks at times)
I have made him an offer which I can live with and this should be accepted this week.
I will pay him the money then sell my house and move on with my live.
my question is:
as he is relinquishing all interest in the property for the money I am going to pay him, does that mean when I sell I don't need him to sign anything?
I do not want to be in a situation where I pay him out then when I come to complete he messes up my sale by not responding, anyone know the answer?
House sold and proceeds of sale have been held in trust until such times a settlement agreement can be reached. But my husband wants more than an equal share and because I refuse to agree to that, he has told me the money will remain tied up until I agree to giving him a larger sgare of proceeds.
Obviously this is unfair and I don't want to back down - what can I do if he won't agree to settlement agreement (which I've proposed an equal share of proceeds).
It took 2 years of me paying a solicitor to have him agree to sell house - which he had racked up thousands on arrears and we were being threatened with reposession
Sale went through couple months ago and even though I paid the large deposit for property from proceeds of sale of my own home prior to marriage, I have tried to get him to settle with an equal split of these proceeds of sale.
Because he was in property prior to sale he won't agree to equal split, he wants to recoup mortgage payments he made. Plus he wants money to pay family back that was gifted to him during our Marriage, dayingbthis was debt to repay.
I'm sitting with debts I need to pay and I have money sitting in trust from proceeds of sale but because he won't agree on my fair settlement agreement, the funds won't be released to either party.
I've paid thousands in legal costs to get to this stage - is there any way I can force the release of funds?
If I raise court action I do have a special circumstances argument over the deposit I paid for this property but to take that to court will cost more that what we are arguing over!
thanks
Now I've come to sell the house and the solicitor is telling me that she will need to sign a TR1 (transfer off the deed) but she's already clearly said she wants to come off the deed in the notarized letter I have.
It's so much red tape and jumping through hoops and everything might crumble as she isn't responding to email (only don't act I have) and after 6 years of trying to make progress and look after the boys, I am so tired of hitting brick walls.
Surely there is a process that will support me or I can get an emergency hearing in front if a judge. The house could be sold in the next two weeks if I can find a way to move this forward.
Thank you for any input. It is needed. There has to be a positive way forward.
Thanks
Pauly
It has been on the market for over 2 years and they have just received an offer which is lower than the valuation but my mum is happy to accept but step-father is not. Where does she stand on this because with it being on the market for so long with no interest it is unlikely they will receive another offer anytime soon - let alone an offer he is willing to accept.
There is no children involved so should be a straight forward 50/50 divorce but he is trying to halt things at every turn - do she just have to wait until an offer comes through he will accept (he wants the top end valuation)
He won't even acknowledge my textes or calls and I am desperate for some HELP.
Kind regards
Shell
Can you Please give me any advice.
Kind regards
Shell
His share of deposit was more than mine but I had paid for other things, solicitors, valuation, (2 houses as first fell through) removal costs, house insurance, he is now saying I did not pay towards the deposit, as we bought the house 50/50 joint tenants were do I stand if it goes to courts and I force him to sell, he doesn't want to sell because of redemption fee £7000?
We did try to resolve but our differences are too much, he is very good at winning courts cases and I don't have the strength to fight him. Also solicitors fees will eat my deposit, he can't afford to take mortgage on his own and buy me out.
My deceased husbands will states that I have full access to house and funds until my death when the 40/60will be divided to my children and step children.
They are currently refusing to answer or agree with me selling current house and purchasing another. Their names were put on the house deeds following their fathers death.
My solicitor has written to them,however no response.
12.000 pounds was left over from the sale of the previous house which has been left in their solicitors account for the past. Four years,no interest at all from this sum.
There is 2.500 deficit on my future house purchase which I had hoped could come from the 12.000 currently dead money in their solicitors account.
Any help would be appreciated,especially as people want to move into my house now.
I'm worried that I will not be left with any money to buy a new home for me and 3 kids since I have significant debts to pay.
I gave him two years to try get a mortgage alone but he couldn't even though he was paying for the house by himself so it was agreed the house would go on the market, we have had four offers from a guy who owns the one one next door £10k below the asking price but my ex won't accept it.
My dad has recently retired and has offered to buy the house from us as a rental investment but my ex has told my dad he is trying to get a mortgage again and doesn't want to sell it.
Over the last 8 years I have queried his plans for the house and his story changes every time from I want to try get a mortgage to I want to sell, I don't know where I stand and I feel it's just delaying tactics.
I still don't want any money from the house even though there is now a significant amount of equity in the house, I just want my name off the mortgage and to loose the tie because iv now married and moved on.
I want to avoid going to court and I feel iv been quite fair but it just seems like he is taking advantage. I just want my name removed as it effects what I can borrow myself.
He lives at the house with his girlfriend of four years and her daughter.
If I had to go to court I would be looking to recover my legal expenses from any sale but that's it, he can keep the rest of the money, I don't want it.
My mother has recently split from her partner of 20 years. He is currently festering in jail because he stabbed my older brother (neither of us are his children - small mercies!). My brother is recovering and will be fine.
They jointly own a home and he is saying that he wants her out of it. The thing is that the house was bought totally with proceeds from his inheritance from his father. He hasn't had a job for about 15 years and my mum has paid every bill and every credit card he has run up by drinking too much and hoarding rubbish.
We know this is going to go to court, but I wondered what we can expect to happen because of where the money came from. He is expected to go to prison for around 5 years but we can't be certain of this.
Any help much appreciated!
We have agreed on joint care of our 2 children and had agreed that we would each move to properties in the area to keep the disruption for the children to a minimum. I feel that if both of us don't move out of this house, it gives her an unfair parental advantage, and that she would also get a financial advantage. I want to sell the house and move on with our lives.
Can she force me to sell her my part of the house to her, and can I refuse and force the sale of the house?
What if she doesn't agree to sell the house. What are my chances. Out of 6 years of owning house, I had paid full monthly mortgage payments for 24 months (I was living alone in the house during those 24months) and 60% of the monthly amount before and after those 24 months. We own the house 50 50 on paper.
As part of the divorce settlement I would like to buy her equity share in the house out we bought together two years ago via a payment from a relative (not marital funds) (I paid 90% of the deposit and 75% of mortgage payments) and take on the mortgage myself alone, she does not have the means to satisfy the mortgage lender so it can either be sold to me or on the market.
Can she refuse to sell her share to me or can the law enforce it?
If I start divorce proceedings, will the court be able to force him to repay my share of the house profits (approx £15000) even though he has no capital left and is heavily in debt?
Any advice would be greatly appreciated.
My then partner and I bought a new build house in 2011 under the 20% equity scheme We are now in the preparation for splitting Both our names are on the deeds mortgage and government grant I want to stay in the home I refuse to cover the cost for all of the 20% equity loan for personal reasons If she leaves the family home is she still in debt to the government of half the equity of the property
Now I am on Housing Benefit and my name is on the property deed. It makes me the joint owner. I want to sell the house and get my fair share to gave better life but my ex is not wiling to.
I have no idea what to do. I had divorce family solicitor and she was very very slow . It took me 2 years to get Degree Nisi. I left the firm.
Could someone advice me on how to take my property to get Division and Sale in Court ?
The Mortgage was only in my husbands name due to the fact I had a mortgage for my grans property until 2009 when it was sold. Unfortunately we never got round to putting my name on our family home.
When my husband left (due to midlife crisis) he cashed in the endowment £13000.00 and paid off the credit cards in his name. We have tried to
Fortunately everything is ammicable and he does not want anything from the flat. Probably as he knows if we paid off all our debt and sold the flat there would actually be no monies left.
Since he has left I have continued paying the mortgage balance left £44,000.00 and the remaining credit cards that were in my name totalling about £25,000.00.
I tried at the time to get a mortgage but was really struggling due to the following:
1 Im not named on the mortgage
2 Its a 4 story Ex council flat and mortgage companies wern't enterested.
3 I was only needing a mortgage for £44,000.00 and possibly adding on my cards £25,000.00.
4 I have no deposit
5 The current mortgage provider will no longer raise new mortgages for properties 4 stories high (Northern Rock- Virgin)
6 My credit score was terrible due to our married credit history and my husband being in an out of work.
The property above me has been on the market for £75,000.00 which has been on the market for around 8 months, this block of flats usually sell really quickly however banks seem to be lending on new properties.
I really like my wee flat especially with the support I have had from all my neighbours over the last few months in this difficult situation.
Since he has left I have continued paying the mortgage balance left £44,000.00 and the remaining credit cards that were in my name totalling about £25,000.00 and all other utility bills.
I had a Mortgage Advisor looking round every way possible to get a mortgage and on her advise. In August I managed to get a load to consolidate the credit cards in my name to try and build up my credit score, this loan is for around £600.00 a month.
I'm Paying £500 a month for the mortage.
I earn a good wage £32,000.00 per year and and paying all the bills on just one wage which is tight at the moment due to the load.
I would just like the security now of owning this property on my own.
I get £250.00 maintenance a month from my ex.
Do you have any advise or point me in the right direction I would be very grateful
Michelle
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