seems unfair

[jjandbump]

I am trying to get advice for a very good friend of mine!!

 

 

its a long one so,,,,,,,

 

 

In about 2006 him and his girlfriend brought a flat (shared ownership)

 

 

they lived together there for about 2 years and then split,

 

 

she moved out, he lived there for about a year, then they rented it for 18 months.

 

 

they both met new partners so she moved back to the flat with her new bloke, and he moved in with his girlfriend.

 

He has tried to get her to buy him out but she couldn't get the mortage, in this time they tried once to reposess the flat as she had failed to make payments to the mortage, her parents bailed it out!!

 

 

However she has now split with the boyfriend and cant afford the flat!! so finally has agreed to sell it!

 

 

He went to meet last night and said if he doesn't sign to say she can keep all the profit she will pull out and not sell.

 

 

He has been fair and offered a 30/70 split in her favour.

 

 

Clearly he wants shot of the link between them, as its causing issues with his partner and he wants no more contact, as well as this where she has bad credit he wants to be disassoicted from her as soon as possible,

 

 

is there anything he can do to enforce the sale

 

 

We have checked both names are on the deeds.

 

 

any advice would be greatful and asap!

 

 

I really feel for him, what a nasty person she has shown herself to be!

[steampowered]

Are they joint tenants or tenants in common? If joint tenants, he may be able to go ahead and sell without her consent.

 

If tenants in common, then instruct solicitors to seek a court order that the property is sold. It shouldn't be too complicated if there is no real reason to refuse a sale.

 

I don't think there is any reason to be blackmailed. Unless there is a convincing reason otherwise, in this kind of situation the house should normally be split 50/50 or otherwise in accordance with what each party has paid towards the mortgage. My experience in this kind of situation is that nice people finish last, every single time. If she wants to blackmail him into giving her an extra share of the money, he needs to get tough and make her aware that she will be responsible for paying his legal costs when the court makes an order for the property to be sold.

[jjandbump]

thank you, I will ask the question . x