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Advice of division of possessions and forced sale

  • Gall1980
  • Gall1980's Avatar Posted by
  • Junior Member
  • Junior Member
18 Apr 20 #512162 by Gall1980
Topic started by Gall1980
Looking for some advice and possibly a solicitor if deemed necessary.

Quick info

Jointly owned a property with my ex (never married), 3 kids I pay maintenance for. Was locked out the property the day I left so could not get many possessions, I bought the majority of the furniture, garden goods and refurbished the family home and left with nothing. She stayed in the property, trust deed in place for 50/50 on sale of house less her deposit she put in of £30k.

I have kids 3 days a week, every week and had to buy another house, take out a loan to get furniture etc. That was 5 years ago.

She’s decided to sell up which is fine by me but wants a bigger share of sale profits. According to the trust deed in place this is not the case and I have not agreed to the proposed settlement. I have repeatedly requested in writing to both her solicitor and the estate agent she wishes to sell with that before I sign to agree to sell the house that I wish to see what fixtures and fittings are included in the sale (some of this was paid for myself outrightly - For instance AGA cooker).

Her estate agent and solicitor are pushing for me to sign the agreement to sell the house within 7 days or threatening to push through an order to sell at court. I have no problem selling the house but I really want to understand the settlement before it goes on the market.

I also don’t think it’s wise for it to be marketed by these aggressive estate agents as not confident they will not put my children at risk by allowing viewings during the COVID-19 crisis. A for sale sign has already gone up outside the house.

What are my rights does anyone know? I genuinely am happy to sell but I don’t want to sign to put it on the market until I have a real handle on the correct settlement and I know my children won’t be put at risk.

How quickly can she force a sale?

  • hadenoughnow
  • hadenoughnow's Avatar
  • Moderator
  • Moderator
18 Apr 20 #512166 by hadenoughnow
Reply from hadenoughnow
If the property is in joint names cannot be sold without your agreement or a court order.

Getting a court order atm may not be t g at straightforward given the Covid 19 crisis.

I think viewings atm are being done virtually. I would agree that having poo people tramping around the house is not a great idea.

As it is property law that applies in this matter and if it goes to court the loser pays the costs it is worth investing in advice from a specialist in property law.


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