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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33528
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have 50% share in a flat that I was buying with my then partner.

Resolved Question:

I have 50% share in a flat that I was buying with my then partner. The flat was purchased under my KEY WORKER status (I work for the NHS). We parted 2 years ago, there is no chance of reconciliation. I now want to get the flat sold so that I can move on with my life. The terms of the purchase were that we would buy 50% and rent 50%. The property has to be offered back to the Housing Association in the first place to see if another KEY WORKER would like to buy it. My ex partner still lives in the property. Despite numerous requests to get the process started to sell the flat my ex will not co-operated. Can I apply to the courts to force the sale?
Submitted: 2 years ago.
Category: 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 how much is outstanding on the mortgage?
Clare
Customer: replied 2 years ago.

Dear Clare,

The the flat was purchased for £170,000, it had an open market valuation 2 years ago at £200,000. The mortgage was for £85,000. The outstanding mortgage is around £70,000.

Regards

Ian Betteridge.

Expert:  Clare replied 2 years ago.
Hi
How much is it worth now?
Clare
Customer: replied 2 years ago.

I am not in a position to get a update on the value as I do not have access to the flat as my ex partner is being difficult over this. As per our agreement with the Housing Association they need a signed form from both me and my ex to instruct their valuer to visit the property and they will put a value on it. It is this value that will be up for offer to a new key worker. Under the agreement, they have full rights for the first 8 weeks to find a new buyer. If after this time no one has said that they would like to buy it it can then go on the open market.

I have sent a copy of the form requesting that he signs it and returns it to me so that I can send it to the Housing Association, but despite having this form for 6 weeks he has shown no sign of signing it. Which is why I am seeking guidance on weather I can apply to the courts to either force him to sign it or bypass him on this matter.

Reards

Ian Betteridge.

Customer: replied 2 years ago.

The property is being bought on a part rent and a part purchase basis. %50, %50, Rent is around £230 per month, Mortgage is £330/ month.

Regards

Ian Betteridge.

Customer: replied 2 years ago.

Do I have the right to get a locksmith to change the locks on the property, thus preventing my ex gaining access to it?

Regards

Ian Betteridge.

Expert:  Clare replied 2 years ago.
Hi
I am afraid that you have no right to change the locks without giving your ex a key - but if you need to do that to gain access then you are entitled to do that
In order to progress the matter you will need to apply to the court for an Order for the sale of the Property using the Trusts of Land and Appointment of Trustees act.
Your application will be granted and you may well also be awarded costs.
The process is described here
http://www.slatergordon.co.uk/media/2347003/land-disputes-a-guide-to-procedure.pdf
I would suggest that you ask for an Order that he vacates the property in order for the sale to take place on the basis of his recalcitrance up until now
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33528
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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