I split with my ex-partner in March and moved out of our jointly-owned (shared tenancy) house. He has continued to live there and his new girlfriend has now moved in.
Communication with him has been difficult - he insists all communication is via text message and, even then, his replies are sporadic.
On the positive side, he agreed to sell the house, an agent was appointed and a sale has been agreed (subject to contact). BUT - I'm conscious that the action so far doesn't involve any real commitment to sell, and he has always said he won't move out until he has found somewhere else suitable to buy (he has sufficient funds, between the 50% house equity plus what he can borrow through a mortgage). My belief is that, despite apparent progress to date, his intent is to stay living in the property as long as possible, with me paying 50% of the mortgage, and them using all the furnishings and contents. I don't know how seriously he's looking for an alternative property - he will not answer my requests for an update. We are now in danger of losing our buyer through lack of progress on the sale, and I can see this situation being repeated going forward.
I understand it is possible to force a house sale through obtaining a Court Order. My questions are:
1 approximately how long would that process take and roughly what would that cost?
2 If it went right through to a court hearing, is it likely my legal costs would be awarded against him?
3 Am I able to legally charge him/his girlfriend rent for occupying my share of the property, and if so from what point?
It may be tempting to wait for him to find a house to buy, but that also delays the start (and therefore the end too) of any legal process. Thoughts?
Finally, it would be good to be able to remove 50% of the furnishings/contents now for my own use, which he is unlikely to agree to. Is there any way I can do this without his agreement?
Thanks
Communication with him has been difficult - he insists all communication is via text message and, even then, his replies are sporadic.
On the positive side, he agreed to sell the house, an agent was appointed and a sale has been agreed (subject to contact). BUT - I'm conscious that the action so far doesn't involve any real commitment to sell, and he has always said he won't move out until he has found somewhere else suitable to buy (he has sufficient funds, between the 50% house equity plus what he can borrow through a mortgage). My belief is that, despite apparent progress to date, his intent is to stay living in the property as long as possible, with me paying 50% of the mortgage, and them using all the furnishings and contents. I don't know how seriously he's looking for an alternative property - he will not answer my requests for an update. We are now in danger of losing our buyer through lack of progress on the sale, and I can see this situation being repeated going forward.
I understand it is possible to force a house sale through obtaining a Court Order. My questions are:
1 approximately how long would that process take and roughly what would that cost?
2 If it went right through to a court hearing, is it likely my legal costs would be awarded against him?
3 Am I able to legally charge him/his girlfriend rent for occupying my share of the property, and if so from what point?
It may be tempting to wait for him to find a house to buy, but that also delays the start (and therefore the end too) of any legal process. Thoughts?
Finally, it would be good to be able to remove 50% of the furnishings/contents now for my own use, which he is unlikely to agree to. Is there any way I can do this without his agreement?
Thanks
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