Force house sale.

[A R Senal]

I have been separated from my ex partner for 14 years - we were never married - but she has continued to live in the property that is mortgaged solely in my name on the condition that we sell & split the profits when our youngest daughter reached the age of 18. This hasn't been the case.

I have had to instruct a solicitor to start legal proceedings to force a sale & she has sent several letters to my ex partner - none of which has garnered a single reply. I have also paid for mediation which my ex partner refused to attend,even after 2 invitations. My ex partner has decided to not to "play ball" & getting to this point has so far cost me close to £2,000.

I have been informed by my solicitor that if this behaviour continues the process will take at least a year & will cost in the region of £15,000 - money I really don't want to spend as I have since married & have a 3 month old baby. This money is needed to secure mine & my family's - including my older daughters - future.

I have been told by my solicitor that I have a few options & one of these would be to add my wife to my mortgage deeds which would then enable me to sell without any legal obstruction from my ex partner. Can anyone tell me if this really is the case ?

[Openlaw15]

Re: Force house sale.

I have been separated from my ex partner for 14 years - we were never married - but she has continued to live in the property that is mortgaged solely in my name on the condition that we sell & split the profits when our youngest daughter reached the age of 18. This hasn't been the case.

I have had to instruct a solicitor to start legal proceedings to force a sale & she has sent several letters to my ex partner - none of which has garnered a single reply. I have also paid for mediation which my ex partner refused to attend,even after 2 invitations. My ex partner has decided to not to "play ball" & getting to this point has so far cost me close to £2,000.

I have been informed by my solicitor that if this behaviour continues the process will take at least a year & will cost in the region of £15,000 - money I really don't want to spend as I have since married & have a 3 month old baby. This money is needed to secure mine & my family's - including my older daughters - future.

I have been told by my solicitor that I have a few options & one of these would be to add my wife to my mortgage deeds which would then enable me to sell without any legal obstruction from my ex partner. Can anyone tell me if this really is the case ?

The property is in your name so you have a legal interest whereas your ex has a different type of interest, probably an implied trust, which gives her some rights to occupation. The courts do this to look after someone who is likely long-term partner etc. This means she can ask the court for an order to stay in the property, if she does it'll will be expensive for you both. If your current wife is put on the deeds, as suggested by your solicitor, she will then be a joint owner of the current property and seems likely this will defeat your ex's interest. Bear in mind if you were to divorce your current wife she will probably get half of your property. You could instead choose an unequal shares ownership of the property known as a tenancy in common of unequal shares.

[A R Senal]

Re: Force house sale.

Thank you very much for your prompt reply. If my wife becomes joint owner of the property is there any way my ex partner could stop the sale ?

Thank you for taking the time to help me.

[A R Senal]

Re: Force house sale.

Hello again,
Just one more question. Does my wife's name have to go on the mortgage proper or just the deeds them self ?

Many thanks in advance.

[Openlaw15]

Re: Force house sale.

Thank you very much for your prompt reply. If my wife becomes joint owner of the property is there any way my ex partner could stop the sale ?

Thank you for taking the time to help me.

Your wife will go on the deed and the mortgage, i believe - as the bank is the legal owner until you pay the debt off. The only way your ex could raise a good argument is based on that she has lived in the property for a number of years and has children who also live there with her. You solicitor believes that you'll have more rights to a sale if your current wife were added to the deeds (ownership). It is a strong argument but any order in your favour will be a detriment to your ex current who is raising your child at that property. The property is held on trust for your ex partner and your daughter. Whether you can force a sale is academic in law you can obviously make that claim, but the question is whether the judge may favour your ex and daughter who otherwise may not be able to afford to purchase another property. If you can sort it out with your ex it will be far easier.

[A R Senal]

Re: Force house sale.

My youngest daughter is now 18 & not in full time education. she also has a part time job & isn't classed as a dependent. My ex certainly isn't raising he - does this count for anything ?