House share, one wants to sell and move on, the other doesn't.

[Newmodel]

Hi, I have lived with a friend for 9 years, we pay an interest only mortgage, and I want to move out due to health issues with my mother.

My house mate does not want to sell or move out, he cannot afford to buy me out or run the house on his own. He refuses out right to sell claiming he has no where to go, even though he has family and a job so could rent, he has friends offering to help him out also.

My dad lent me £19,000 as a deposit so we could get the house, I would walk away if it wasn't for this this money, which I want back on the sale. He hasn't denied that buy unless we sell, I can't release this money.

The house should make a profit in the sale after all fees so he will have some money out of it to start over and find a new place.

Where do I stand legally? Can I sell, or make him sell, am I stuck or is there anyway out you can see?

Any help would be appreciated.

[Newmodel]

Re: House share, one wants to sell and move on, the other doesn't.

Anyone have any ideas please?

[des8]

Re: House share, one wants to sell and move on, the other doesn't.

Obviously you did not draw up an agreement specifying under what circumstances the property would be sold.

If you are tenants in common you could sell your share of the property. However you do have the problem of the mortgage.

If you are joint tenants you both need to agree the sale.
However if he does not agree, you could seek a court order (costs and stressful!)

[Newmodel]

Re: House share, one wants to sell and move on, the other doesn't.

Thanks for the reply.

No contract no, we both verbally agreed we would sell the house in a few years, which turned out to be a lot longer.

My family also has £19,000 invested the property used as a deposit, he didn't pay anything towards the deposit, can this not be used as leverage to force the sale?

How much money would going to court for a court order cost, are we talking hundreds or thousands?

[Snoopy1948]

Re: House share, one wants to sell and move on, the other doesn't.

Any possibility of taking on a tenant to house share with your house mate? If the achievable rent can maintain your mortgage share, you could move out while you sort your mother's health problems out, which possibly may not be for ever. That way, you would maintain your interest in the property and have somewhere to move back into when and if necessary. You would have to agree that with your housemate and of course the tenant would have to be acceptable to him. Not ideal I agree but may be good short term while you see how the situation turns out. The mortgage lender would need to be advised.

[Newmodel]

Re: House share, one wants to sell and move on, the other doesn't.

Not a bad idea but my family really would like to get back the £19k invested also, plus I know I won't be going back to this house once I get out.

I feel trapped at this moment, as I can't sell or move on with my life due to the situation.

[des8]

Re: House share, one wants to sell and move on, the other doesn't.

Hundreds!
Court fees can be found here: https://www.gov.uk/government/public...d-family-court

There will be an application fee, posibly followed by a hearing fee

[Newmodel]

Re: House share, one wants to sell and move on, the other doesn't.

Hundreds I can handle if needs be, don't like the idea of thousands though. Hopefully it won't come to this and my house mate sees sense and agrees to help.

Is there anything I can do to force his hand or give him an incentive? A few ideas I came up with but not sure how these fall with his legal rights also.

1. If I was to move out and not sell, would he have to pay all the bills except my half of the mortgage? And if so am I allowed to take 50% of the contents as they would be classed as mine?

2. Could I talk to the mortgage company and ask them to alter the mortgage or force us to, so this way we would have to sell due to increase in our monthly outgoing, which my house mate could not afford?

Are any of these 2 ways advisable or even legal?

As it stands my life is now on hold, I have a mother who will soon need someone to look after her, I have a girlfriend and we want to move int together and also I have a new career ahead of me where I need to leave this house. At this moment in time I'm struggling to believe that I'm stuck here and there's nothing I can do.

And yes believe me, my housemate is that awkward.

Thanks for the help so far but is there anything you can suggest, maybe one of my ideas?

[Openlaw15]

Re: House share, one wants to sell and move on, the other doesn't.

Hi, I have lived with a friend for 9 years, we pay an interest only mortgage, and I want to move out due to health issues with my mother.

My house mate does not want to sell or move out, he cannot afford to buy me out or run the house on his own. He refuses out right to sell claiming he has no where to go, even though he has family and a job so could rent, he has friends offering to help him out also.

My dad lent me £19,000 as a deposit so we could get the house, I would walk away if it wasn't for this this money, which I want back on the sale. He hasn't denied that buy unless we sell, I can't release this money.

The house should make a profit in the sale after all fees so he will have some money out of it to start over and find a new place.

Where do I stand legally? Can I sell, or make him sell, am I stuck or is there anyway out you can see?

Any help would be appreciated.

It seems you have a joint ownership agreement whether by a tenancy in common or a joint tenancy. If you have a tenancy in common it means you can sell your share. If you have a beneficial joint tenancy it means you have to sever the joint tenancy before either of you have a share to sell. This is usually done by stating 'I herein give you due notice that I sever the beneficial joint tenancy and from this point onwards we both have tenancies in common' to the property's address, recorded delivery too. It is considered effective at the point of delivery. On your facts though it appears a tenancy in common is more likely as you're not related, ie not family. You can apply to the court for an order which includes a sale of the property in your own right. If the other person digs their heels in and or gets a lawyer involved, and if you use a lawyer, it will be expensive As the property is secured for the bank (mortgagee) by an interest only mortgage the mortgage has to be paid off first. As your property has equity in it, this shouldn't be a problem for the bank. You do not need your friend's permission to sell - it does not matter whether you have or have not signed a contract with your friend. You are both owners so each is at liberty to dispose of the interest in land (property). You could also ask the court for an order to be paid your share of the property, then it's up to your friend make other arrangements for the property, ie rent it out perhaps.

[Newmodel]

Re: House share, one wants to sell and move on, the other doesn't.

Ok thanks, that sounds more promising. So cause I/my family have money in the house and he doesn't, that means I have the right to sell it?

I'm not after making any money from the sale, I just want to sell it, pay off the mortgage and that's all, if I make something after then great, but my objective is to just get out.

[wales01man]

Re: House share, one wants to sell and move on, the other doesn't.

What if any written agreement do you have with the other owner this could be important

[Newmodel]

Re: House share, one wants to sell and move on, the other doesn't.

A solicitors letter stating that the money would be paid back upon sale of the house. Nothing about when we can or can't sell though.

[Openlaw15]

Re: House share, one wants to sell and move on, the other doesn't.

Ok thanks, that sounds more promising. So cause I/my family have money in the house and he doesn't, that means I have the right to sell it?

I'm not after making any money from the sale, I just want to sell it, pay off the mortgage and that's all, if I make something after then great, but my objective is to just get out.

Yes, any owner can dispose of their interest in the property. If a person has contributed to the purchase of the property they too may be able to claim some money from the proceeds the sale, ie a beneficial interest. However, as I said, your friend could get a lawyer involved and make it harder to sell. The lawyer will be arguing that the property was purchased as an investment. The lawyer may also argue if there are any agreements that you made they are binding and mean effectively the property cannot be sold. However, if any contracts were made with your friend it is unlikely this or these will be binding as any contract requires a commercial intention notwithstanding agreement, offer, acceptance, and consideration (ie something for something else). If there are any children or other interests occupying the property this too may cause problems. You have the right to sell it because you're the owner, the bank is unlikely to be bothered as it will free up the property to make more profit for it. If your friend cannot keep up the payments the bank will go for an order of possession, then get the bailiffs involved she/ she still refuses to move out.

[wales01man]

Re: House share, one wants to sell and move on, the other doesn't.

Openlaw
If the property is sold there is no mortgage to be paid to get bailiffs involved in a repo it would need to be repossed then may be sold at less than the cost of paying back the lender and the 19k

[Openlaw15]

Re: House share, one wants to sell and move on, the other doesn't.

Openlaw
If the property is sold there is no mortgage to be paid to get bailiffs involved in a repo it would need to be repossed then may be sold at less than the cost of paying back the lender and the 19k

I am saying if the Op's friend were to stay in the property that it could lead to mortgage difficulties. So I covered both eventualities, ie 1) where property is sold, and 2) where the property is not sold but their friend stays in possession.