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Can I Take My Ex To Court To Make Him Sell Our Property?

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jj1986 | 17:23 Mon 28th Jan 2013 | Law
2 Answers
Hi,
I am posting this question regarding a property I have with an ex partner in the hope that someone can help me as I don't know what else to do.
I bought the property with my ex 8 years ago and moved out 7 years ago.
The agreement between myself and my ex was that he lived there if he kept up to the mortgage payments, He kept up to this agreement up until 6 years ago when I told him I wanted him to sell the property because I didn't want it in my name anymore as I wanted to move on with my life and get a house of my own, I contacted the mortgage company explaining this to them and they told me that I should seek advice from a solicitor.
I then went to see a solicitor who sent letter after letter to ask him to sell the property which he ignored, He then started to miss payments on the mortgage, The mortgage is now in arrears and I cannot find a solicitor willing to help me while it is in arrears.
I also know that I cannot get my name taken off the mortgage while it is in arrears and he also needs to prove that he can afford the payments on his own, Which at the moment it looks like he can't.
I have tried contacting my ex about the situation but he does not reply to my messages, I have also been to the property to try to speak to him and found that there is no one living there so the property sits empty while there is a mortgage that is not being paid for in the mean time.
I have contacted the mortgage company about the situation but they are not willing to help me as they look at it as my loan as it is in my name as well but I do not want to make payments to the mortgage and get the property out of the mess my ex has got it in for him to decide to move back in.
I do not have a key to the property and have not done since I moved out 7 years ago, I have heard in the past that my ex has rent the property out to friends (obviously without my permission) and also lived there for a while with his new partner.
I do not know what option I have as I have tried everything but not getting anywhere so feel my only option now is to take him to court, Either to make him sell the property or sign it over to me which then I would agree to make payments on the mortgage and bring them back up to date but I do not want to do this while the property is in his name as well.
I would be very grateful if there is anyone that has been through the same situation as me that can help and if there is anyone that can give me an idea of how much it will cost to take him to court?

Thank you.

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You need some legal advice. Ultimately, however, you will need to make an application to Court under the Trusts of Land and Appointment of Trustees Act 1996 for an order for sale of the property. Given that it appears to be empty and there are mortgage arrears, you should have little difficulty.

I would suggest you write a "Letter before Action" to your ex explaining that these are the steps you will be taking unless he agrees to work with you in selling the property. If he does not cooperate you will be seeking your costs against him.

I can't give you an estimate of costs because it really depends on whether he defends it or not and whether it is straightforward.
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Thankyou for your help :)

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