Can my estranged partner force me to see the house

locky02 | 18:14 Wed 11th Jun 2008 | Civil

16 Answers

My girlfriend and i own our house jointy.Unfortunately she has left me for a man she had a holiday romance with and is currently out of the country.
When she returns in a few weeks time she want nothing to do with me,will collect her belongings and go.I probably will never see her again.
She has appointed a solicitor and said that she will continue to pay the mortgage but want the house sold,
I don't want to sell in the current financial climate,what are my rights please ?
Can i stay,can i get people in to rent if she refuses to pay the mortgage ?
If i do get people in will i have to pay her half of the rent money ?
Can she force me to sell ?

please help i'm at my wits end enough as it is.
thank you

Money in bank account ?

private right of way

Answers

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Ethel

Yes, as joint owner she apply to the court for an order to sell.

This is very rarely refused.

Your only option is to buy her out, and get the mortgage and Title in your name only, if you can afford it.

whiffey

Are you sure Ethel, with a joint ownership?

She can negotiate a resolution of ownership, but I don't believe she can plainly demand its sale.

locky02

Question Author

can anybody confirm that please ?
it is joint ownership,we have no children though,just 2 cats .

Ethel

http://www.guardian.co.uk/money/2008/apr/30/pr operty.mortgages

Ethel

In the circumstances you describe it is highly unlikely the court would refuse the order for division and sale, if you cannot buy her out.

The court looks at the reason for the purchase - I am assuming it was for you both to live in as a couple. As that reason has ended there is no reason for the sale not to go ahead.

Is there any possibility of you taking on the mortgage yourself - you will have to satisfy the mortgage company you can afford it - and negotiating a settlement to buy her out?

Is there any equity in the property?

locky02

Question Author

There is a fair amount of equity but not enough to get a mortgage on,i've heard about shared ownership but presumably that will mean finding somebody to buy her out will it ?
I can't afford to buy her out myself

Ethel

Realistically then you have no option but to sell - the courts would never tie her to the mortgage contract, that only occurs when there are forceful reasons not to sell such as children living in the house - and then the sale is only postponed.

There are schemes that offer shared ownership but I really wouldn't recommend them.

Get prepared now - knowledge is the key. Get the house valued by three estate agents, find out how much you need to pay the mortgage off, and find out how much your ex wants.

Then you will be a good position to negotiate.

locky02

Question Author

I already have 2 estate agent quotes,i will get a 3rd to give me a good idea,the first 2 were pretty similar though.
Your advice is very welcome thank you.
As regards items that i have purchased myself like,cooker,washing machine,tv,tumble drier,beds etc would that be taken ino account when selling,so that i receive more.
I have receipts for a lot of the equipment.

Ethel

You are worrying about 'little' things - concentrate on the big stuff first.

I strongly advise you to contact your ex directly to see if you can sort it out between you. The solicitors bills could get silly.

innocenti

Ethel is indeed correct, the courts will enforce a sale as you have no dependents. Harsh I know but face facts, you either buy her out or sell.

locky02

Question Author

Thankyou,i understand a lot more now.
What's the likely length of a court process,anybody know please.I suppose it all depends on how busy they are,but would it be 6 months at a guess ?

locky02

Question Author

anybody got an idea on this one please

Ethel

It could be as quickly as three months, depending how 'on the ball' her solicitor is and how compliant you are.

But really you should be going out of your way to avoid a court order - try and sort it out between yourselves.

There is absolutely nothing to gain for either of you by going to court.

terambulan

Since she has gone off with another and deserted you, it makes her case a lot weaker. The Magistrate will award her a lesser share of the property so long as she is found to be entirely at fault.

You don't need solicitors for divorce(just unnecessary expense - while they draw everything out). Go to your local Courts and file for divorce......costs less �300!

Ask mortgage company to extend due to these circumstances......if not take a bank loan on your part of the ownership.

Because she may live with her new partner in foreign fields....she will be awarded even less in accordance with property prices in the other country.

terambulan

sorry - no divorce....You can refuse to sell as you occupy the propty and tell her you will sell her interest to the 'best' buyer by advertising or she can find her own buyer who you can decide whether you want as a partner in a mortgage.

Ultimately, the mortgage company have the last say.....

Ethel

terambulan - you do relealise this is the UK and the courts do not favour one over the other - they don't look for fault.

They own the house jointly and unless there is anything that says otherwise it will be divided 50/50.

Everything you have said is completely wrong. Maybe you live outside the UK?

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