Order of sale - worth it? Advice appreciated

Hello all,

I am looking for advice on costs for an order of sale, or whether to take an offer and run... My scenario is:

Myself and my partner split up 18 months ago. He has remained in the property and I left straight away.

I continued to pay half of the mortgage for 6 months, then we agreed this was ridiculous as I no longer used the property. He has continued to pay himself ever since. He wishes to remain in the property rather than a sale.

I have £4000 of my parents cash in the deposit. I also have receipts for the "big" furniture and appliances (inc. kitchen units etc). This is all I want in a settlement.

His offer has been £1000 cash and all furniture but no integrated appliances. Basically, I want what I have paid for, integrated or not, end of matter.

18 months on... he is still disputing the inventory and my solicitor is saying to go for an order of sale.

I don't know which route to take - I don't want to be burdened with huge costs, but if I accept my ex-partners offer I will feel decisively hard done by.

The property was bought for £141k, probably won't get that for it now, but not far off...

Any help/advice would be greatly appreciated - it's a matter that has gone on for far too long now and I am eager to settle quickly!

You need to determine what your financial entitlement is. If the property is in negative equity there is nothing for you to have. If there is equity you need to assert what interest you have.

Is the property in joint names? If so, unless there was a declaration of trust you are entitled to half of the net value of the property.

Your ex might say that you are no longer paying the mortgage but that does not remove your entitlement plus he has had exclusive use of the property which offsets your lack of continuing contributions.

More information if you will!

Charles

Thanks for the reply!

Property is in joint names 50-50 straight down the line.

My point is - he wishes to stay in the property - which is fine by me, but I would like the money I have put into the house (£4000 cash deposit and all furnishings and fixtures). Although my solicitor is thinking now to go for an order of sale, but I'm unsure if this will inconvenience me financially....?

From my perspective - the house is worth what we paid for it, I would be unhappy for him to sell it at a later date and reap the benefits (we do live in a part of the country where housing is at premium prices so there is no doubt there is money to be made).

He has had exclusive use of the property, and is also now quibbling over my inventory of items for which I have receipts. I appreciate they are large, expensive items and that it will inconvenience him, but the more inconvenience the better I say

Alternatively you can wait until property prices go up. When he tries to sell you can assert your claim over your 50% interest.

You haven't said if there is an equity as you didn't mention how much deposit was paid. This makes a difference to your options.

Charles

We had a £14k deposit, and i'm not sure i understand what you mean????

If there is no equity you have a 50% entitlement to nothing. However, if there is equity of £14k, you should be entitled to that providing there is no adjustment on the Land Registr documentation.

If property prices rise, your 50% interest rises too.

Charles

Ok, so selling is beter than accepting his offer of £1000 and some of the furniture??

But what s the process involved with "order of sale" and how much does it cost?

Thank you for your continued advice!