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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10451
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Hi my partner and I bought a house back in January.This is

Resolved Question:

Hi my partner and I bought a house back in January.This is a joint mortgage with Nationwide building society (50/50).
The deal was, one of us had to have a current account with the building society.
I forward my share of mortgage and insurance monthly using online banking to that account.
Unfortunately our relationship has broken down.
We are still living together in this house separately with her adult son living with us.
Her son moved here with us and has signed declaration if house sold has to move out.
In all fairness I would like to sell house and move on with our lives.
My partner doesn't want to sell.
What should I do?
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.
Hello and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
Either of you can make an application to the courts that the other buys the other out of the property or the court make an order for the sale of the property. As a general rule, the joint legal owner who has equity in the property as above, has the right and of the trusts of land and appointment of Trustees act two make an application to the court to realise their equity in the property. So in this sense, either of you can seek such an order against the other so I suppose the simple answer is yes you can potentially force a Sale of the property if you cannot afford to buy her out or vice versa.
Obviously, it would be better for all concerned to reach an amicable agreement as to what should happen to the property, but the above information gives you leverage in the event your partner is not willing to co-operate.
I hope this assists and answers your question.
Kind Regards
AL
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