On the understanding that the house is jointly owned:
No one can be compelled to continue to own a property which they no longer wish to own and they are able to force a sale through the courts if necessary.
The remedy is to make an application to court for an order for sale under section 14 of the Trusts of Land Appointment of Trustees Act (the Act).
Anyone wishing to sell may find that a strongly worded letter from a solicitor threatening a court application and an application for costs, may focus the mind without actually having the need to get to court.
If I were advising anyone who has received a letter threatening an application to court under the Act and an application for legal costs, I would tell them to get the agents sign up immediately and cooperate with the sale because if they make the court application, they are likely to get it and they are likely to get costs awarded against them.that’s my advice to you.
It would be completely different if you had children under 18.
It’s not really a case of how long he can spin it out for,it’s a case of how long the legal process takes. The longer it goes on the more legal costs are going to be awarded against you and you could easily end up being on the receiving end of a legal bill from him of GBP30,000 so if you have no children under 18, my advice to you would be to get the house on the market immediately.
If however it isn’t jointly owned it would depend on how long you had been together for, before you got married because you don’t say whether the children who are now over 18, are children of the relationship/marriage.the longer the marriage, even if the property is not in joint names, the bigger the claim he has against it.