HiI own a flat with my ex-girlfriend. We split up and decided that we'd sell the flat. I wasn't working and she had a good job, so we decided she would stay in the flat whilst we sold it, and I went to live on my mates sofa.Anyway, she has prevaricated on the sale a lot, and been fairly obstructive. She has now stopped taking my calls. This has gone on for about 18 months. I've a lot of money invested in the flat. What can I do to reclaim the money. I don't really want to force her out, but I'm also worried that after a while the flat will just revert to her ownership.
Are you saying the property is in joint names?
Yep we are jointly named on the mortgage.
The flat will never automatically become hers unless you die.
To prevent that, you should sever the joint tenancy. Your solicitor will do that for you. It is not complicated or expensive and should be registered at the land registry.
Severing the joint tenancy ring fences your half of the property to you. On the other side of the coin, if she died, the property does not automatically become yours.
You do not have to pay the mortgage if you do not within the property , but you remain liable if she stops paying.
My suggestion would be to tell her that unless she makes positive actions to sell, you will move back in (with your new girlfriend if you like!) and make an application to court for an order for sale and you will ask the court to award the hearing costs against her. This could come from your solicitor in a really snotty letter. You are of course entitled to move back in at any time you like, and if she has changed the locks, you can break in and charge her for the replacements. If you do that, would be an idea to get the police to attend with you so that she cannot allege violence. You threatening to move back in might focus her mind.
If she is living with somebody else in the flat, and she goes out to the shops, you can ask her visitor to leave. All sorts of options.
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