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i need to sell my half rent half owned property however my ex is refusing to sign anything?

susiesusie
by susiesusie 09 June 2012  |  Comments 4 comments  |  Love Love  0 loves

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  • susiesusie
    Love rating 0
    susiesusie posted

    he's been gone 5 years has never paid a penny towards the mortgage or rent I am now really struggling me and the kids have no life as money is so short can he keep refusing? I nearly sold once and he refused to sign any papers when they were draughted up that also cost me a fortune, please help as the situation is dire and the fact his name is on all the bills is driving me nuts the building society have told me there is nothing I can do but take him to court but again that cost's money.

    Posted on 09 June 2012 | Love Love  0 loves Report
  • MikeGG1
    Love rating 881
    MikeGG1 posted

    When you bought in joint names, was there a Declaration of Trust incorporated in the sale? There always should be when unmarried couples buy together. It should state what should happen in the event of a split.

    If there was then it is a simple matter to enforce the terms. If there wasn't then the only way is to go to court to force the sale. It shouldn't be too expensive.

    This should have been suggested by your solicitor when you tried to sell before.

    If you were married then sorting out the property ownership should be an integral part of the divorce settlement.

    Mike

    Posted on 09 June 2012 | Love Love  0 loves Report
  • susiesusie
    Love rating 0
    susiesusie posted

    thanks mike where would i find the declaration of trust? he took all paperwork regarding the house, we were never married, and no my solicitor never suggested this, she was more interested in charging me for phone calls etc, he wont tell me his address or a name of a solicitor to send any letters to how would we get round this?

    Posted on 09 June 2012 | Love Love  0 loves Report
  • MikeGG1
    Love rating 881
    MikeGG1 posted

    You can download a copy of what the Land Registry holds about your property from their website.

    After that you need to talk to a good solicitor. Not just a conveyancer.

    Mike

    Posted on 10 June 2012 | Love Love  0 loves Report

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