Getting my house equity

[Chaulender]

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

[ostell]

Re: Getting my house equity

For the furniture just go to the house and collect what you want. It's also your property. Pick a time when it is reasonable that both are not there. If you have a solicitor then let them know what is happening, failing that let the local police know.

May even hasten the selling of the house. Worth formally asking him for rent of half the property as you are paying the mortgage. Put it in writing and get free proof of posting from a Post Office. Suggest half of the figure that would normally be required locally. Keep track of the time and sum so that you can perhaps claim it on settlement.

I had this many years ago with my first wife. Told the solicitor what I was doing, he agreed it was not unreasonable. Had to break in as she had changed the lock. Police were called by neighbours but went away again when I explained the circumstances.