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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34288
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I have a tenants in common paper with my ex husband. We split

Resolved Question:

I have a tenants in common paper with my ex husband. We split up 5 years ago and he still lives in the property. I now need to take my share of the property which is 50 50. He will not agree to sell. Could you please tell me where I go from here?
Jane
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
When was the Decree Absolute Granted and was any agreement about finances made at that time?
How much is the property worth and how much is outstanding on the mortgage?
Are there any children involved?
Clare
Customer: replied 3 years ago.

Hi clare,


The divorce was 3 years ago in January. No agreement was made re finances except that whenever the children needed the home they could live there free. My daughter used it for approx 2 years and then my son his wife and children. My daughter is 28, my son is 26. My youngest son is now 18 and i told my ex that he needed to live there for a while whilst i sorted myself and dad as i have very recently lost my mum. My ex refused as he has a new lady friend. The property is worth approx 200k and we have never had a mortgage.

Expert:  Clare replied 3 years ago.
Hi
How much is the house worth and how much is outstanding on the mortgage?
What other assets and debts are there and what income do you each have?
Have either of you remarried?
Clare
Customer: replied 3 years ago.

The house has never had a mortgage. We built it ourselves. Both of us are debt free. The house is worth approx £200,000.


I know he earns less than me now but he does have a pension and can afford to holiday 4 or 5 times a year.


My income is approx £28,000.00 a year.


Neither of us has ever remarried.

Expert:  Clare replied 3 years ago.
Hi
Where are you currently living?
How much does a one bedroom property in the same general area cost to buy
Clare
Customer: replied 3 years ago.

I am in a rented council house.


a one bedroom property would be a flat or terraced house around here. Terraced houses with 2 beds would be approx £60,000


1 bed flats approx the same.


Jane

Expert:  Clare replied 3 years ago.
Hi
Then you have two ways forward using the Courts
You can make an application under Property law using the Trusts of land and Appointment of Trustees act to force an immediate sale of the property and the equal division of the proceeds of sale
Alternatively you can make a Financial Application within the old Divorce proceedings and ask the court to order the sale - and the division of the equity in any way that the court thinks fit
Either way the court will order the sale of the property
I hope that this is of assistance - please ask if you need further details
Clare

Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you clare

Expert:  Clare replied 3 years ago.
Hi
You are most welcome - I hope all goes well
Clare
Customer: replied 3 years ago.

Thank you. I have been a fool and too trusting. Your answer has given me the strength to go forward.