Breaking Joint Mortgage

[twaito]

My partner and I are on the verge of break up, but he is asying that she will not sell the house and release my share of the equity.
Is there any way that I can force a sale of the property?

[Ethel]

Are you both named on the title deeds and the mortgage (if you have a mortgage)?

If so, do you own the house as tenants in common or joint tenants?

If there is mortgage can s/he afford it alone and buy you out?

[twaito]

I would have to check. I believe we are joint tenants and both of us have our names on the deeds. She could afford the mortgage on her own, but the multiplier wouldn't work with any bank.
I have suggested a Buy-to-let mortgage, but am simply being told that she will not sell and that I can move out, but will still have to pay my share.
I was not sure if only one of the joint tenants can actually force a sale legally in some way.

[Ethel]

You can go to court to force the sale - if there are no children to consider then the court will order the house be sold, unless she buys you out, which it seems she can't afford to do.

All this is aggravation and unnecessary cost - but if that is the only way then at least the option is avaiable.

In the meantime, make sure you have documented proof of your payments towards mortgage, bills, property maintenance - everything. Do not move out unless you absolutely have to. She could equally move out, don't forget. You are entitled to live there just as much as she is.

[twaito]

Thanks Ethel.
I have done some digging and found that I cannot get legal aid and that the judge may take into account deposits and so on. I only brought my salary to the table, but am happier to hear you say if there's no children, then the decision is usually to sell.
She will certainly not move out as it is so close to the business we opened recently. I'm not touching that. I just want out of a bad relationship and get my little share of the equity to help set myself up again.
Thanks again

[lady_p_gold]

Why is it a little share of the equity - if you both own it than you should be able to get 50%

[twaito]

My partner brought money from the sale of her first flat to use as a deposit. The lawyers drew up that I get a third and she gets two.