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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6290
Experience:  BA (Hons), PgDip, Practising Solicitor
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I (Male 46) have been co habiting with a partner (female 49)

Resolved Question:

I (Male 46) have been co habiting with a partner (female 49) for 6 years and we are unmarried.

We own a UK property in England, value on market £225k with a mortgage outstanding of £85k in nice Hampshire town.

Property is registered Tenants in common with a drawn up deed of trust stating that should we seperate the property value will be split equally with the mortgage being deducted out of the Female partners share.
This is because I put in cash into the purchase and my partner had to raise a mortage plus a smaller amount of cash for her half.

I decided to seperate end of February this year, the house we agreed was placed on the market shortly after.

However my ex partner is being obstructive in wanting to actually sell the house, whereas I am extremely keen to sell the house to realise my cash and get on with my life. The way she is being obstructive is she is not being realistic in accepting offers on the house.

Clearly she is being obstructive because she will have nowhere to live and little cash to go towards another purchase and would likely have to rent.

We today had an offer on the property of £200k versus the asking price of £225k. I would accept this offer in the current poor market and the estate agent is also advicing my partner to do so in such a poor market.

However she is saying she will only accept £220k, which is unrealistic that we will be offered virtually the asking price.

So she is using this arguement to be obstructive in selling the house. Effectively she will decline any offers under £220k which we will never get in this market anyway. This is her way of never selling the house.

This then enables her to carry on living in a house which I have a lot of capital tied up in.

So my question is do I have any recourse in law in trying to achieve a sale?

Do I have no choice but to continue to be dictated by her?

I fully appreciate i have to be patient and cannot force anyone to buy the house, however when we get what I think in this market is a sensible offer I would accept, she will decline it to stay in the house.

The other aspect now as I have moved out of the property, is this capital tied up in the house I no longer live in is losing me about £500 a month in loss of income I could achieve from that capital, ( for example if I were to buy a flat and rent it out)
Submitted: 2 years ago.
Category: UK Property Law
Expert:  Thomas replied 2 years ago.

Hi,

Thanks for your question.

If she is no budging form an unreasonable sale price and you cannot get anywhere with her negotiating informally then you may have to see a local solicitor to get them to write to her to make her aware that you can apply for an order for sale, but wish to avoid the stress and expense of doing so by agreeing with her informally.

If she does not respond or agree then this may be your only option and you will have to issue an application for an Order at County Court. Courts are not keen on persons effectively being forced to remain on legal titles to properties that they wish to sell.

To make an order for sale at defined price you would have to demonstrate to the Court that her asking price is unrealistic and would need to produce valuations from estate agents and possibly surveyors. It can be protracted but if she is being particularly obstinate then you really have no other option.

A local property solicitor would be able to act on your behalf in preparing the application to Court.

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.

I will answer your follow up questions you may have.

Kind regards,


Tom
Expert:  Thomas replied 2 years ago.

Hi,


Sorry I should also state that my above advice may be subject to revision if you have children


Tom

Customer: replied 2 years ago.

Hi

 

Can you give me a ball park figure of what sort of expense I may expect to incurr by instructing a solicitor to apply for this and what sort of court expenses.

 

I appreciate this can only be based on what you may charge.

 

Would I have to pay these costs or could I claim any of these costs through her from the sale ?

 

There are no children involved which are effected and made homeless by the proposed sale.

 

thank you

Expert:  Thomas replied 2 years ago.

Hi,


It's almost impossible to say because it would be done an hourly rate basis. Depending on how defended the litigation is you could be looking at anything between (£1500-4000.00 + Vat). This could be less (if she settles and accepts a sale, which she may because of the pressure litigation brings) or more if it becomes protracted and she is able to demonstrate some opinions that £225k is a fair price for sale.

 

You may be able to claim some of the costs from her, but unlikely that you will be able to claim all but again it depends on how the litigation pans out and whether the judge takes the view that she has persisted in unreasonably defending the claim.

 

You would have to pay your solicitor's costs during the litgation and before an order as to costs is made though.


Trust this clarifies, please click accept.


Kind regards,


Tom

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6290
Experience: BA (Hons), PgDip, Practising Solicitor
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