Ex won't sell up and move on

[lorla]

My friend recently discovered her fiance was cheating on her - it started 4 months ago and for the last 3 she's known about it and he's carryed on seeing his 'mistress'. My friend says she wants nothing to do with him, sell the flat and move on. He says he won't sell and she can't make him. She can't stand to be near him so stays with friends and family etc and occassionally he stays with his mistress. Is there really nothing she can do? I think he's morally obliged to sell up and allow her to move on but not legally - seems so cruel.

[albaqwerty]

if she's not on title deeds or tenancy agreement it's going to be difficult. No doubt another AB'er will have more knowledge. Would also suggest depends whether she is in Scotland or England/Wales as laws are different.

[hc4361]

If she's not on the title deeds she would just be able to walk away, so I assume she is.
She can apply to the court for an order of division and sale, which will force the property to be sold. It is very rarely refused. He may be in a position to keep the flat if he can afford the mortgage on his own and can pay her her share of the equity, if any.