Force a sale/ rental rights?

Hi
I co own a property with my former partner, no kids and we were not married. We purchased the property jointly with disproportionate deposits but made equal contributions to the mortgage and bills whilst living together. We do have a deed of trust in place to cover the split of potential profits in the event of a sale of the property.

We have now split and I vacated the property voluntarily 7 months ago. I contributed 50% of all bills for the first 5 months and continue to pay my 50% share of the mortgage and buildings insurance whilst she is living in the property.

She has refused my offer to purchase her share, refused to put the property on the market to avoid costs of sale and refused me the option of moving back in to the flat. So far she has submitted 2 applications to purchase my share of the flat and both have been rejected by the mortgage lender.

My questions are:
—She previously made it known she intended to get a lodger to occupy the spare bedroom. Am I entitled to full disclosure of any tenant and am I entitled to a share of their rental payments which I could offset against my current contributions?

-Can I force a sale of the property? She previously made it known she would want an unreasonable price for the flat if it came to a sale; can solicitors handling the sale force a sale with offers of a certain level based on guidance from local estate agents?

Any advice greatly appreciated.

Many thanks

Hi,

Id steer cleatr of renting it out as you need a plan in place for it to be sold, or one of you take it over - which doesnt seem likely in your case because neither one of you can agree to that.

All assets and debts get thrown into a marital pot during during and its at thsat stage you TRY to agree how to split them. Of course in many cases neither side will agree so it goes to mediation. If this doesnt work the last option will be that its referred to the courts. If there are no children in your marriage and no other major assets/pensions etc then with that deed of trust in place its highly likely at a hearing a judge will order it sold.

Get yourself a solicitor if you can afford it, or self rep with the help of wiki.
Hope you get this agreed.
Kind Regards
DA

IMHO your first mistake was to vacate the property.

Perhaps you need to move back in?

Move back in. Thats the only option she can't refuse and may be a wake up call for her.