Ex-partner trying to force me to sell house we jointly own - please help!

[moggy101]

Hi

My ex-partner is trying to force me to sell the property we bought together at its value now. I originally offered to buy him out some years ago which he verbally agreed to but has since rescinded on the agreement.

He is now saying that we either
1. sell the property on the open market and split 50/50 or
2. obtain valuations from several estate agents and average the value then one buys the other out.

He has never lived at the property and has never contributed to the mortgage payments. I have done all of this. He also owes an outstanding amount for the deposit which he had not paid.

I have a string of emails which go into further detail (they are a little emotionally written at times so I apologise for this) which I am happy to share via private message and discuss the finer points on here. I don't want to share the string of emails on here in case he sees them.

He is currently demanding a response and essentially acceptance of his offer by the end of the week otherwise he is threatening to pass to his solicitors who will enforce either of the two points above.

Can he force me to sell?

Please help, I am in such a state worrying about it all.

Thanks in advance for your help.

[Openlaw15]

Re: Ex-partner trying to force me to sell house we jointly own - please help!

Hi

My ex-partner is trying to force me to sell the property we bought together at its value now. I originally offered to buy him out some years ago which he verbally agreed to but has since rescinded on the agreement.

He is now saying that we either
1. sell the property on the open market and split 50/50 or
2. obtain valuations from several estate agents and average the value then one buys the other out.

He has never lived at the property and has never contributed to the mortgage payments. I have done all of this. He also owes an outstanding amount for the deposit which he had not paid.

I have a string of emails which go into further detail (they are a little emotionally written at times so I apologise for this) which I am happy to share via private message and discuss the finer points on here. I don't want to share the string of emails on here in case he sees them.

He is currently demanding a response and essentially acceptance of his offer by the end of the week otherwise he is threatening to pass to his solicitors who will enforce either of the two points above.

Can he force me to sell?

Please help, I am in such a state worrying about it all.

Thanks in advance for your help.

Was it definitely a joint tenancy or tenancy in common. If you argue it was not a joint tenancy but a tenancy in common, you can tell the court that it was unequal shares so could not have been a joint tenancy. The courts go by the intent when signing the property documents, or if it specifically says 'joint tenancy' on the deeds then it's also a joint tenancy. Can you remember the conversation with the lawyer at the time?

[moggy101]

Re: Ex-partner trying to force me to sell house we jointly own - please help!

Hi

Thank you so much for your reply. It was a joint tenancy. Does this mean I have to comply with his demands?

I'm so stuck and just don't know what to do.

[moggy101]

Re: Ex-partner trying to force me to sell house we jointly own - please help!

can't remember the convo with the lawyer but it was defo a joint tenancy.

[moggy101]

Re: Ex-partner trying to force me to sell house we jointly own - please help!

I've been told that if it goes to court a judge will rule that it has to be sold and split 50/50 regardless. and that I can't claim from him the mortgage payments I've made because I have to pay that regardless. is this correct?

sorry for all the posts.

[Openlaw15]

Re: Ex-partner trying to force me to sell house we jointly own - please help!

can't remember the convo with the lawyer but it was defo a joint tenancy.

Quite simply no, he will have to get a court order and before that either you or he you must sever the joint tenancy in writing, ie actually communicate it to you that he desires to sever the joint tenancy at your address, then at that point you'll both be tenants in common with a share to sell. You have statutory rights to defend the sale anyway.

[moggy101]

Re: Ex-partner trying to force me to sell house we jointly own - please help!

I have rented out the property and didn't have his 'permission' to do so, so have been told that covers the mortgage costs and was 'illegal'. is that correct?

[Openlaw15]

Re: Ex-partner trying to force me to sell house we jointly own - please help!

I have rented out the property and didn't have his 'permission' to do so, so have been told that covers the mortgage costs and was 'illegal'. is that correct?

Well, why didn't you ask him?

[moggy101]

Re: Ex-partner trying to force me to sell house we jointly own - please help!

he doesn't respond to communication, often leaving up to 9 months to respond. I moved closer to where I work and therefore rented out the property to pay the mortgage which only I have been paying. as he's never lived at the property or contributed financially to it I didn't ask him. I suppose I don't know exactly why I didn't ask him. I guess it's because I think he would outright say no.

[Openlaw15]

Re: Ex-partner trying to force me to sell house we jointly own - please help!

he doesn't respond to communication, often leaving up to 9 months to respond. I moved closer to where I work and therefore rented out the property to pay the mortgage which only I have been paying. as he's never lived at the property or contributed financially to it I didn't ask him. I suppose I don't know exactly why I didn't ask him. I guess it's because I think he would outright say no.

Well, you can only do what you can. It is not illegal as you are owner of the property.

[Amethyst]

Re: Ex-partner trying to force me to sell house we jointly own - please help!

Renting the property out may be a breach of the terms of your mortgage so you should check your mortgage contract firstly - if it is he could use that to force your hand.

Also if he has not contributed to the property financially, never lived there and never contributed to the mortgage payments, and really has no beneficial interest in it ( well firstly why is he a joint owner?) you should be able to argue his share is a lot less than 50%.

[Openlaw15]

Re: Ex-partner trying to force me to sell house we jointly own - please help!

Hi

My ex-partner is trying to force me to sell the property we bought together at its value now. I originally offered to buy him out some years ago which he verbally agreed to but has since rescinded on the agreement.

He is now saying that we either
1. sell the property on the open market and split 50/50 or
2. obtain valuations from several estate agents and average the value then one buys the other out.

He has never lived at the property and has never contributed to the mortgage payments. I have done all of this. He also owes an outstanding amount for the deposit which he had not paid.

I have a string of emails which go into further detail (they are a little emotionally written at times so I apologise for this) which I am happy to share via private message and discuss the finer points on here. I don't want to share the string of emails on here in case he sees them.

He is currently demanding a response and essentially acceptance of his offer by the end of the week otherwise he is threatening to pass to his solicitors who will enforce either of the two points above.

Can he force me to sell?

Please help, I am in such a state worrying about it all.

Thanks in advance for your help.

If you want to stay in your home, it won't be cheap. You and he have rights under the law, him to order sale, you to defend a sale. The reason for this is that rights in land is termed a 'trust of land, and this makes you trustees. This means that you have statutory rights to defend any attempt to force a sale. ie do you have children living there? Was the joint tenancy intended to purchase the family home? How that purpose not stopped, if not tell the judge.

"1.— Meaning of “trust of land”
(1) In this Act—
(a)
“trust of land” means (subject to subsection (3)) any trust of property which consists
of or includes land; and
(b)
“trustees of land” means trustees of a trust of land." Trust of Land and Appointment of Trustees' Act 1996

[Openlaw15]

Re: Ex-partner trying to force me to sell house we jointly own - please help!

Renting the property out may be a breach of the terms of your mortgage so you should check your mortgage contract firstly - if it is he could use that to force your hand."

I believe a mortgage only obligates the person to pay the mortgage off...the person has every right to rent the property out - the person is the owner - not the bank. If it were a landlord and the person were a tenant that would be different.

"Also if he has not contributed to the property financially, never lived there and never contributed to the mortgage payments, and really has no beneficial interest in it ( well firstly why is he a joint owner?) you should be able to argue his share is a lot less than 50%.

"

It's not fair but joint tenancy on severance likely means a 50/ 50 split that's why i wanted to see if there could be a tenancy in common, ie unequal shares.

Authority for this is the four unities present: same interest in land (ie undivided shares, whole of land); same title; same right to possession; all at the same time: AG Securities v Vaughan [1990] 1 A.C. 417.

Update: it starts off with a presumption of a 50/ 50 split but this can be defeated if there is evidence: Stack v Dowden [2007, HL]; Jones v Kernott [2011], Supreme Court.