Can my partner force a sale of property?

Amanda,


I am front line serving police officer. I recently discovered my partner prefered the company of her ex who defrauded the government by a cool 1 million and subsequently did 5 years. See the irony.

However I now find my self bound in a mortage with her. She wants out and I wish to keep the house and can easily afford to. However the bank have decided in there 'wisdom' the prospect of me on my own is too risky given salry multiples and current climate etc.

Im currently in the process of raising a greivance with the Finacial Services Onbudsman.

The house is in negative equity and we have paid hardly of the capital off due to an interest only mortage that has only just turned in to a varible capital repayment.

My ex partner has now threatened to force sale of the property.

Surely there is something I can do given I can afford the house in regards to the sale?

I am happy for her to move out and I will cover the mortgage. However she has specified she would want an agreement drawn up specifying I will not chase her for subsequent monthly payments.

Would this over right the agreement with the bank regards teh intial mortage if ( hypothetically ) i came in to financial difficulty.

Regards

Chris...... .

Hi Chris

Read this thread, and then post any Qs you have... but if you have some be a touch patient as I am on my summer hols at the mo

http://www.wikivorce.com/divorce/Divorce-Forum/Financial-Issu es/120552-What-happens-to-the-house- when-we-split-up.html

Hi Chris
no further forward and solicitor's bills mounting up was and is a costly exercise we only had the property and I lived there for 10 days........he is still in it and cant see a way forward at the moment has been 10 months now...

Amanda.

The article doesnt really cover my situation. My partner wants out. She is willing to walk though wants to go now. The bank have refused to take her off the mortgage and intimated in 6 months it might be different due to a better climate.
My ex wont wiat and hence has threatened to force sale.

Surely no court would be in favour of encouragig us to make a loss given I am in a position of good employement and a key worker of soceity.

Chris

Hello Sera... As an intro, I'm a welfare rights adviser who's representing a person where the valuation of a joint property is in question.

You state that in marriage it would need a court order to force the sale of a property, I don't suppose you'd be willing to offer a reference or citation so i can give it to the Tribunal? I'm hunting through the MCA that you referred to but most of it seems to deal with when proceedings began however in my case they were in mediation pre commencement of proceedings so i'm not sure it'd hold.

Apologies for grave digging, google brought me to your door.

Regards

Dan

Hello Sera... As an intro, I'm a welfare rights adviser who's representing a person where the valuation of a joint property is in question.

You state that in marriage it would need a court order to force the sale of a property, I don't suppose you'd be willing to offer a reference or citation so i can give it to the Tribunal? I'm hunting through the MCA that you referred to but most of it seems to deal with when proceedings began however in my case they were in mediation pre commencement of proceedings so i'm not sure it'd hold.

Apologies for grave digging, google brought me to your door.

Regards

Dan

Hi All,

I am in the same situation, I am currently residing in a jointly owned proprty, my ex partner is no longer living in the property due to having had to agree to undertakings (Sought of injunction, for those who are unaware)

We were not married. Co-habitees.

He is point blank refusing to sell, or agree to one or the other buying eachother out.

All i want is to be free of this man.. and put our turbulent violent relationship behind us and move on..

Can anyone advise on what forms are needed to force the sale of the property and give me any idea of how difficult this process maybe. I have called my local county court and asked for the relevant forms for a forced sale, but its like talking to that women out of the little britain sketch... They keep asking me for the number of the form, obviously I do not know the number of the form... Please Help!!

I need to remove myself from the propery quite urgently and take what ever equity I can even though I will be coming away with less than I put in. The undertakings is due to expire in September 2010 and i stronngly believe my ex has every intention of moving back in..

Thanks in advance to anyone who can help..