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Forcing the sale of a property?

  • adamsmith1979
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03 Dec 12 #369021 by adamsmith1979
Topic started by adamsmith1979
I moved out of a jointly owned property in 2007, we were never married but have a son together who is nearly 14. I moved out and she refused to sell the property. I carried on paying everything for 5 months after moving out, I was then forced to pay her money directly by the CSA and not the mortgage company. The house is now in severe arrears because she has not kept up with the payments and I cannot obtain any credit. The mortgage company will not reposes the house because she keeps paying them bits and pieces, the arrears will always remain. She still refuses to work and claims benefits which along with my maintenance payments covers the interest only on the mortgage, she has no house insurance or repayment vehicle. She refuses to get a job because she will have to pay council tax and would not receive benefits, she has been advised that if she works and can support herself then a court is more likely to order the sale of the house. I have offered her all of the equity in the property if sold and all the contents clearing the debt and giving her maybe £10,000 so she can rent somewhere cheaper. I have been told that I cannot force the sale of the house because of our son even though her remaining in the property seriously affects my quality of life because i cannot buy another home. Please help !!! can I do anything?

  • LittleMrMike
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06 Dec 12 #369468 by LittleMrMike
Reply from LittleMrMike
What you describe is all too frequently encountered with divorcing ( or in your case separated ) men. Namely, they are not allowed to occupy the former marital home and cannot realise their interest in it till some time in the future.
It is open to you to make an application for the sale of the property under sections 14 and 15 of the Trusts of Land and Appointment of Trustees Act 1996 ( TOLATA ).
If you do there is a strong possibility - almost a probability - that an order for sale would be made but deferred till your son is 18.
It is a matter for you, but even if that were the outcome, I don''t think it''s likely that the sale could be deferred further. At least that would impart an element of certainty and she knows her time is limited.
But if there is a threat of re-possession here - if she can''t keep up the payments - then there may, just possibly, be a case for the Court acting sooner.
I think you would need to investigate this aspect of the matter, because if you give her capital in excess of £6000 it would affect her benefits.
If the property is in joint names, as I suspect it is, then the likelihood is a 50/50 split of the equity. This is a guess, but an educated guess, I hope. You need to investigate this aspect as well.
LMM

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