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Will i win if i force sale of property ?

  • J West
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13 Mar 13 #384264 by J West
Topic started by J West
Hi,
Does anybody know if i have a reasonable chance of winning if i force a sale of a property i joint own with my ex girlfriend?,
We split in 2009 and tried to sort the house out between us, saw a solicitor who drew up contracts, i signed but she never did nor would she answer and of his letters or phone calls.
I saw a sloicitor last yea and started again on my own i thought she was being co operative as i put 10k into the property, she put in 128k and mortgage of 68k her solicitor said i was due 8k back and this would be completed in October. This came and went then the solicitor wrote to mine saying her post had gone missing. In December a deed of compromise had been drawn up by her solicitor and duly signed by her and i would be paid and released from the mortgage by end of december. Again nothing happened further, in the dde it clearly states that as she has a child under 18 living in the property she would waive the childrens rights act from any further proceedings. At the end of december my solicitor phoned the mortgage company to ask when the papers would be arriving and was told they know nothing about this at all.
In January a letter arrived saying she now plans to live in the property for 5 more years and then may sell, then another letter arrived saying she will sell although she will not send ant details of estate agents etc to my solicitor so i suspect its not going to happen, then in the letter it states that as she has a child under 18 i may not be sucessful in forcing the sale of the property he is not my child and the deed of compromise clearlt staes this would be waived in any further proceedings. She cant get a mortgage as she is out of work, i have no intrest in the property and as she mved another person in i stopped paying the mortgage when i left, somehow she is paying with both no job and no money maybe by renting a room or 2 out as this is a 3 to 4 bedroom property and more than she needs.
My solicitor is just about to issue court proceedings for force the sale and sue on the compromise and she has duly signed this.
In reality have i a good chance of winning and what would a judge say or do as i do not want to pay huge legal fees only to loose and be left with nothing.
I appreciate any comments or advise anybody may have.
Thank you in advance.

  • LittleMrMike
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14 Mar 13 #384290 by LittleMrMike
Reply from LittleMrMike
I have sent you a PM

LMM

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