Forcing sale of home

Jano

Jano

Jano

Associate
Joined
31 Mar 2009
Posts
2,385
Location
Basingstoke, UK
I bought a house three years ago with my then girlfriend, she left 5 months ago and is refusing to make a decision on what we do with the house. I would like to buy her out, have gained advice and got everything in place to do so, but she wont make a decision. She is also telling me she would like to buy me out but has not managed to get any advice in the 5 months since she left on if she can do this. Apparently she is always in the "process" of arranging a meeting with a mortgage advisor :rolleyes:.

I've been living in the house since she left, suits me just fine, but I'd much rather know one way or another as we are paying out too much on bills/mortgage as we are now on the standard rates after all our deals ran out. With house prices seemingly stalling a little bit it makes sense to get things sorted sooner rather than later, if she's not going to agree to me buying her out I'd much rather be putting the money into a place of my own. I've arranged to get a few valuations to try and get things moving, but does anyone know where I stand with how far I can take things before I need to get an order of sale through the courts? I'm obviously going to need to get legal advice but I'd like to try and get as much info beforehand to reduce the costs as much as possible.
 
legal advice is the only way forward here.

Without it, sh'll continue to delay things as long as possible. Without a legal process, she won't bother her backside.

-Who's paying the bills and mortgage since she left?
-Who put what into the mortgage/deposit at the start?
-Who paid what during the time your lived together

Get all that sort of information ready to show your side of things. Try contacting the mortgage company and asking their advice.

Also try your home insurance to see if you have legal cover to get some basic information.

Potentially could get very costly if she digs her heels in. Good luck
 
Unfortunately I'm absolutely convinced this is down to spite and she's just being stubborn so it's my only way forward. No idea why seeing as it was her decision to go, but that's another story. Fully expecting it to be an expensive and protracted process, and one I'd much rather do without. Fortunately at the moment everything is still split 50/50. How long this will last I have no idea as I've told her repeatedly she doesn't need to pay anything while she's not there.

I'll give the mortgage company and home insurance a call to see if there is any cover there, thanks.
 
Are you tenants in common on a 50/50 basis?

I think you are at an advantage right now in that she has left the home already. It is a good job that you are NOT married. Good luck I would suggest legal advice immediately as I'm sure she is cooking something up in the background but if you can both agree amicably on a solution that would be the best.
 
Joint tenants unfortunately, wish I'd pushed for tenants in common but at the time it didn't seem necessary. 99.9% sure she's done absolutely nothing, but obviously I want to get ahead of things in case that changes.
 
Jano said:
Joint tenants unfortunately, wish I'd pushed for tenants in common but at the time it didn't seem necessary. 99.9% sure she's done absolutely nothing, but obviously I want to get ahead of things in case that changes.
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I wouldn't worry about it mate.

We make decisions today that we will never know if they are wrong until the going gets tough! No point crying over spilt milk I always say.
 
Down to you.

Get ready for solicitor bills i am afraid. But you need to start the ball rolling the relationship is now a thing of the past so forget about your past history.

The more you delay the more it falls down into her favour. If it protacts even longer you can attempt to also recover costs if she delays in getting things done issued by solictors.

YOU HAVE EVERYTHING TO LOSE.
 
Sorry, could you explain how any of this will fall to her favour? She's not in the house, there are no kids involved, we're not married. From all the information I've been given from CAB, Mortgage/Financial advisors and even the solicitors I've called, she will gain nothing from this.
 
It will be split evenly if she doesn't contest any additional payments or ask you to buy her out at a premium.

You can serve notice and sever the joint tenancy but that would involve solicitors and possibly a court order to force any sale still.

Your best bet is to keep on her daily, explain pragmatically the reasons for sorting this out and be nice about it - you just need her to sign the transfer over to you and secure any payment back to her which can be done amicably to each others benefit.

Just keep on her daily.
 
I didn't actually realise I could sever the joint tenancy without her agreeing to it, that's interesting. I've offered to buy her out for the equity in the house at the highest valuation we've had on the house, she just won't give me an answer unfortunately, but then as I said, she won't give me an answer on anything, selling the house, buying each other out. Not that there is any way I'm going to agree to her buying me out under the current circumstances.
 
Jano said:
I didn't actually realise I could sever the joint tenancy without her agreeing to it, that's interesting. I've offered to buy her out for the equity in the house at the highest valuation we've had on the house, she just won't give me an answer unfortunately, but then as I said, she won't give me an answer on anything, selling the house, buying each other out. Not that there is any way I'm going to agree to her buying me out under the current circumstances.
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Get everything in writing/emails etc- don't do anything verbally.

Even if you have to send letters to her new address, do that.
 
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