Can I force ex to sell house?
In August 08 my then partner and I bought a new house. In November we broke up and have now decided we won’t get back together.
I moved out and for first 9 months I still paid half the mortgage, all the utility bills and council tax. I now have my own place that I am having to pay rent, bills etc on so I stopped paying everything for my ex apart from my half of the mortgage which I pay every month.
The problem is that I cannot afford to pay the mortgage as well my own bills but my ex is refusing to sell house. He earns double the amount that I do so and is just being awkward as I know he can more than manage the mortgage on his own.
I don’t know what I can do, can I force him to sell?
I don’t want to be bought out. I have told him all I want is out of the mortgage, he can have the house.
I do NOT want an extra job!! Stop telling me how to earn online, that is not my question.
If you are on the mortgage then you can go to court and force the sale of the house. If you do not want to get any of the equity that has been paid in then you could just force him to refinance the mortgage to get your name off. .
IF both of your names are on the mortgage then you can give him two options.
1 He can buy you out.
2 you can force him to sell.
You need to get some legal advice and the sooner the better.
You should see a lawyer first.Good luck!
You need legal advice.
Contact the lender and ask them for details on how to carry out a transfer of equity, which is the term used when one borrower wishes to come off a mortgage and for the loan to be taken over by someone else (this could be his new gf if he has one or just himself).
They will provide you with the forms and recommend that you use a conveyancing solicitor to carry out the process.
Your ex will need to sign the paperwork to confirm he is willing to take on the debt by himself but no doubt it will be less hassle for him to do this then the alternatives such as court appearances etc.
The lender is not obliged to transfer the property out of your name since the original mortgage contract was based on both incomes, nevertheless, in practice as long as he can prove affordability then they should agree to it.