How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34264
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

my ex partner is still living in our jointly owned house. We

Resolved Question:

my ex partner is still living in our jointly owned house. We have no mortgage we have no children. I left in April 2013 he says he cant find a house he likes we have lost 3 buyers the most recent pulled out just before Christmas after waiting since May 2014 . I would like to know how I can get him out of the property ... can he be evicted from his own house ?

Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
How much is the house worth and are you married?
Clare
Customer: replied 2 years ago.

My house is valued at £260,000 .... I have not been married to my ex partner but have lived together from June 2001 till April 2013 the house is jointly owned by us

Expert:  Clare replied 2 years ago.
Hi
In that case you can indeed use the Trusts of Land and Appointment of Trustees Act to force a sale of the property.
Given his behaviour to date you can ask for an Order that he vacate the property and that you have the conduct of the sale
You can ask the Court to set the asking price - and if he refuses to sign the paperwork then the Court can do that as well
You can read more here
http://www.slatergordon.co.uk/media/2347003/land-disputes-a-guide-to-procedure.pdf
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Hi Claire thanx for that ... do I have to have a buyer to push a forced sale ? the lady I showed around the yesterday wasn't prepared to make an offer as she has sold and her buyers don't want to wait around ... Once the forced sale is put into action what happens if he my ex partner wont move out , will I have to evict him and can you be evicted from a house you jointly own ?

Expert:  Clare replied 2 years ago.
Hi
You do not have to have a buyer to make the application - and yes the Court can Order that he leaves the property and this can be enforced
Clare
Clare and other Family Law Specialists are ready to help you