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Ex - preventing house sale

  • was wong
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14 Dec 10 #239877 by was wong
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My boyfriend and I had been together 14 years and I know he has an interest in the house. Following the split I can no longer live with him so wish to sell the house, which is in my name, split the assets fairly and move on. However he is doing everything he can to put all potential buyers off - including telling them - there is no point looking as he will not move out. Is there anything I can do?

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14 Dec 10 #239880 by is1
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Hi was wrong - I was advised that if either I or my ex refused to sell the house up for sale the court would force the situation.

Could the estate agent brief people of your situation before they turn up so as to know that the house is really for sale but they will find him a little difficult?

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15 Dec 10 #239881 by was wong
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Thanks for answering - yes I have already asked them to do that and they are making sure viewers are fully aware. After all they have also been told to clear off (not so politely!) I'm sure it's still not a great thing. But I guess I'm just getting desperate to escape :(

  • LittleMrMike
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15 Dec 10 #239902 by LittleMrMike
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Well now - the house is in your name, so that you can make title.

However it is possible that he could establish some interest in the house under general principles of property law.

On the assumption that there no children involved here, you could probably force a sale, by using sections 14 and 15 of the Trusts of Land And Appointment of Trustees Act 1996.

The odds are that a Court would order a sale, perhaps deferred for a few months to help both of you find other accommodation.

However I think on the face of it that your bf might have trouble in establishing a claim to part of the proceeds. Without knowing more, I can't say, and I am afraid this forum can't be expected to do more than to tell you the general direction in which you should be heading.

I'm afraid you can't expect a potential buyer to want to have to await the outcome of a messy dispute between you and your bf before he can move in. You need to get your order for sale first.

The advice therefore is, see a solicitor and ask about the implications and possibilities of a claim under TOLATA,

LMM

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23 Dec 10 #241244 by was wong
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Thanks for your suggestions guys :) . I guess I had better get myself to a solicitors office:( .

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18 Jun 11 #273599 by Sirens prey
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OP surely if you are the legal owner of the property as per land reg,and his name is not mentioned on land reg docs, then he is simply a guest in your home and you can request him to leave. If he does not leave then he may be trespassing.

He may well have a beneficial interest and if he believes that to be the case,he must seek to have such interest registered.

Give him notice that if he continues to obstruct the sale,you will have him removed from your home and if that should happen,he will have to seek to register his interest via the legal process (TOLATA) which can be very messy and expensive.

As it is,it seems you are being fair. You are still affording him a home AND you are providing a financial settlement thus saving him costly litigation.

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