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Ex won''t move out so we can sell

  • Jean Dark
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  • New Member
  • New Member
25 Aug 12 #351873 by Jean Dark
Topic started by Jean Dark
Hello there

I''ve been with my husband, who I married 4 years ago for 7 years now (he moved into my home shortly after he left the family home he has with his ex-partner - they never married).

Since he left her he has been paying half the mortgage and half the secured loan (second mortgage) and all of the joint unsecured debts as well as his own (for the unsecured debts he has had to get a Debt Management Plan as he cannot afford monthly repayments). This amounts to about £700 per month. All his wages are paid into my account and I pay all the direct debits/standing orders through my account for both his debts and my own bills, as he has only a basic bank account - we have no financial links between us. There is very little left from his wages; he does not contribute to my mortgage, credit card payments, bank loan or overdraft despite him benefitting from them - his wages cover his share of our utility bills, food, fuel etc and his payments only.

Anyway, over the years his ex has constantly paid the secured loan late and they (both my husband and her) get letters and phonecalls regarding this, charges have been applied and default notices served. He has explained to the company that he is paying his half and intends to keep doing so until the house is sold but will not pay any more than that.

He wants to sell the family house, particularly as his son is now 19 years old and no longer in full-time employment, but his ex is dragging her heels. She will not move her stuff out so they can get it on the market.

Can he force her to move out? Can he force her to sell? Do we need to get a solicitor involved to do this? What is our best course of action. She has been with her new partner for several years and says she intends to move in with him and that her and my husband''s son can move in with them. She just seems to be in no rush to get things moving. We also want to buy a house between us but can''t until his debts are paid off and mine are reduced. Everytime I press him to speak to her he accuses me of getting on his case and that he cannot do anymore than he is doing!

  • LittleMrMike
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  • Platinum Member
25 Aug 12 #351892 by LittleMrMike
Reply from LittleMrMike
I''ve already misread one post today so perhaps I''d better state what I understand to be your position :
1. Your husband lives with you.
2. His ex-partner is living in another home which is owned jointly by your husband and the ex-partner.
3. Your husband, as a joint owner of the property, wishes to force a sale and his ex partner does not seem to be in any hurry about it.
4. There are no minor children living in the house.
So, if I''ve got this right -
You can''t force her to move out - she has the right to live there as a joint owner.
However I think your husband could force a sale by using sections 14/15 of the Trusts of Land and Appointment of Trustees Act 1996 9 TOLATA ). I think it is likely that a Court would agree.
Yes, you would, I think, need to involve a solicitor.

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