Can he force a sale if I want to buy him out?

[jedimistress]

Hi. I broke up with my partner who I share a property and mortgage with. When discussing what to do with the house, I suggested I could buy him out and continue to live there. He was "No way....you aint getting it, I've already been shafted out of one house" Refering to his ex-wife and children having the last house. Can he force it to go on the open market when I can buy him out? We are Tenants in Common with equal shares and live in England. We are not married and have no children together though I (not him) have an adopted daughter of 5 years old.

He wants to put it on the market so I have to move to spite me rather than allow me to buy it at market value. I only want for what is fair for both of us and have no desire to do anything to spite him. I work in the village and my daughter goes to school here. He has nothing here except the house and he does not want to stay.

[Eve]

It is possible to force an order for sale though I imagine the court would be interested in why he wouldn't accept you buying him out for market value and is wasting court time!

It can be an expensive process though, probably more costly and more hassle than he would anticipate.

[tamborine]

Organise the divorce yourself at your County court.....the magistrate will decide the division of property (often 60/40 in favour of wife & kids). The magistrate may well favour your purchase.