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Forcing the sale of a jointly owned property

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Just looking for a bit of advice before consulting a solicitor.

I still own a mortgage free property with my ex-husband (divorced) which we rent out to a long term tenant. The tenant has always paid his rent on time and has done loads of home improvements which has undoubtedly added value to the property. Recently my ex has been in touch to say he wants to sell up, but I am reluctant to do so right now, and also don't feel comfortable evicting the tenant as it's his home, he's really happy there and has no plans to leave. Can he legally force the sale???

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Have you asked the tenant if they'd be interested in buying the place?

 

That might neatly side-step a lot of problems.

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I believe it is possible to force a sale - however, the key word is "force" and it cannot be done just by persuasion, request, unilateral decision etc. - a process, involving Court and time and fees etc., would need to be followed. At the moment is it just being talked about, or has it gone further (to the point where the other party is ready to go down that road)?

 

---------- Post added 06-08-2018 at 11:52 ----------

 

This was quite interesting...

 

https://www.theguardian.com/money/2015/oct/29/can-i-counter-husband-action-sever-joint-tenancy

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Hi Geared, unfortunately the tenant isn't in a position to buy.

 

Thanks Hippogriff, at this stage it's just talk (threats). My gut feeling (without airing our dirty washing on here) is that if it did go to court, he wouldn't win anyway so I'm tempted to take the risk.

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Yes, he can but the court would look carefully at the reasons why he wants to force the sale and the reasons why you don’t want to sell. If he has compelling reasons such as outstanding debt or perhaps has a family to support then that would probably be viewed sympathetically.

 

You don’t say why you don’t want to sell except for your concern for the tenant. That is not such an issue as the house can be sold as tenanted. You could also consider compensating him financially for improvements made. Alternatively, as you are so keen to help the tenant, then why not try to obtain a buy to let mortgage to buy your ex husband out? That would surely be the most sensible solution, particularly as it is not a mortgaged property and you have a reliable tenant already.

 

The major issue here is expense. You are both going to run up significant bills if you go down the solicitor/court case route. That will eat into any profit you make on the sale of the house. Also, there will probably be stress and bad feeling. Unless you have a very valid reason for not selling, you perhaps ought to think carefully about contesting it.

Edited by Jomie

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Seems to me sell it with a tenant in and let your ex sort it all out and stand cost . He is the one forcing issue take your money and run

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Are you in a position to get a mortgage and buy him out of his half?,surely the rent would cover the costs on this if it's already free of mortgage

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I believe it is possible to force a sale - however, the key word is "force" and it cannot be done just by persuasion, request, unilateral decision etc. - a process, involving Court and time and fees etc., would need to be followed. At the moment is it just being talked about, or has it gone further (to the point where the other party is ready to go down that road)?

Yes and no.

There used to be a way for one of joint owners to force a sale under s.36 of the Law of Property Act 1925. That provision has been repealed. The answer is now that- unless there is a Trust Deed setting out the rules (and this is a VERY GOOD IDEA; it's way too late to decide once there's a dispute)- only a County Court decision would bind the parties.

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If it went to County Court, how much (approximately) could it potentially cost the OP? Also, what factors would the court take into account when coming to a decision? Is the fact that neither of the owners reside in the property relevant to the decision? The OP thinks he would lose the case. Is that the most common scenario?

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If it went to County Court, how much (approximately) could it potentially cost the OP? Also, what factors would the court take into account when coming to a decision? Is the fact that neither of the owners reside in the property relevant to the decision? The OP thinks he would lose the case. Is that the most common scenario?

There's no 'default' scenario. Each case is decided on its own merits. It would depend on how far down the litigation route the parties go- to negotiate a sensible compromise at much lower cost is always better.

The old default rule's abolition supposed that everyone would make nice, tidy Trust Deed arrangements.

But mostly they don't!

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Thanks for all the replies, apologies I've not been on for a while so only just seen them.

 

@Geared, yes I've asked the tenant if they'd like to buy it but they're not able to get a mortgage.

 

@Hippogriff, since the original OP I have received a solicitors letter inviting me to agree with 'him' the nomination of estate agents to place the property on the market for sale at the best available price. If this cannot be agreed they have instructions to bring an Application under the Trusts of Land and Appointment of Trustees for an Order for sale of the property.

 

@Jomie, I have no idea what his reasons for wanting to sell are. My reasons for not wanting to is that I rely on the rental from the property as my income and selling up would mean having to find an alternative investment/tenant which timing wise doesn't suit me right now. I also think it's morally wrong to boot a good tenant from their home, although if it could be sold to another landlord as a Buy to Let this wouldn't be an issue.

 

@AnthonyTapp, unfortunately not.

 

I don't think I'm going to risk fighting this and losing so will just let him get on with it and like Spider1 says, let him sort it all out. At least then I'll never have to have anything to do with ever him again.

 

Thanks for all the advice guys, much appreciated!! :-)

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Yes its his headache not yours let him get on with it :hihi:

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