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Morpheus9 | 15:13 Wed 30th Dec 2009 | Law
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I have split up with my partner we used to live in a shared ownership property of which we own 25% of the equity my partner still lives at the property I live elsewhere, and have since changed the tenancy to tenants in common and now wish to realise that asset so I can move on with my life, but my ex is being a total cow she has changed the locks and refuses to answer any calls. My question is can I force entry to my property to get my possessions and can I get a court order to force the sale of the property and have her evicted ? This problem has now been running for 9 months and I am fed up.
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yes you can get a court order. yes you can force entry to your own house, but t would be best not to cause any damage, and also best to do it when she is out
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is there some legal information or link regarding this matter ?
This is basic advice concerning an Order for Division and Sale of Property and applies to married couples and co-habitees.
http://www.recentlyse...intly-owned-home.html

Unless there is a very special reason why the house shouldn't be sold, such as specifically adapted for a specific disability, then the courts very rarely refuse to grant the Order. The Court cannot grant the Order if the property is in negative equity.

Who has been paying the mortgage since you left? How much is your share of the equity worth? Could she buy you out?
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hc4361: There is no mortgage but about 60k equity my solicitors wrote to her about six months ago but she refuses to acknowledge them. The main thing is I need to get into to house to complete some remedial work in order to prepare the property for sale. I am now left wondering if I can just sell my share to somebody or if someone can take this problem off my hands.
it would be very unlikely that somone would want to buy your share - they would have to end up living with your ex-partner!

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