Can my partner force a sale of property?

Good Morning,

My partner and I purchased our first property in May 2008, now my partner wants to split and sell the house, the house is estimated in £20k negative equity.

I do not want to sell and am happy quite paying the mortgage and carrying on living there, I have tried to get my mortgage company to transfer the mo rtgage to me but they insist I do not earn enough (They will lend 3.7 times my salary, my salary is £31kpa - out standing mortgage is £152k - our mortgage is only £259 per month due to the low interest rates so is easily affordable to me), the mortgage company are no help at all and I have escalated it as high as I possibly can.

My ex partner insists she wants to sell and does not want to be financially connected to me in any way (a fresh start as she put it), to make things worse out mortgage company obviously will not let us sell the property due to the negative equity.

I am unable to pay the difference between what they will lend me and the balance on the mortgage, also I am unable to get anyone else to replace her on the mortgage so these 2 are not options.

The questions are:

1: Can my Partner force me in to a sale?
a) If so how long does this take?
b) At whos cost will this be at?
c) If she can force me in to a sale can she then force the mortgage company in to a sale? Again how long will this take and at whos cost?

I appreciate any advice given.

(Without sounding unappreciative please do not advise me that the easiest thing to do would be get someone else to replace her name on the mortgage, I know this would be easy but it is not an option).

Hi Barry and welcome.

I wrote a lot about the options of the Marital Home here:
http://www.wikivorce.com/divorce/Divorce-Forum/Property-and-M ortgages/78446-The-Marital-Home.html

But not sure from your post if you're married?

In marriage - there'd need to be a Court Order to 'order' a Sale of the MH if it exceeded the needs of either party; and neither could afford to take on the mortgage or buy the other out.

Post Divorce: I have to share my home with a lodger. (This may be a short-term option for you?) Under the Governments Rent-a-Room scheme, you can earn the first £4,250 Tax Free. (Not sure if the Mortgage company would consider this as income?)

Hi Sera,

Many thanks for your response.

No we have never been married, would this make any difference?

I am £10k per year too short to take on the mortgage, a lodger isn't really an option to be honest

Thanks
Barry

Also - How long would a Order For Sale take to go through thte courts and at whos cost? (How much would this be likely to cost) - Then if she won would she have to take the mortgage company to court for the same?

Thanks
Barry

Hi Barry

I was advised that a court order to sell a property takes 6-12 months. I am not sure of the cost and wo pays.

Steve

I'm not sure of the Laws when you're not married, sorry. I'm not a legal person!

I guess you could try and shop around for another mortgage? or can you get a seperate Loan for the £10,000?

The problem is no one will give me a mortgage because of my salary and the negative equity........a loan for £20k isn't really an option, I wouldn't want any debt other than a mortgage.

Thanks for your help so far.

I am very interested in the length of time and cost associated with a Court order for force of sale, if anyone has more info on this that would be appreciated.