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JimLawyer
JimLawyer, Solicitor
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My ex and I have a consent order that he stayed in the home

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My ex and I have a consent order that he stayed in the home and I moved out with the children and when our youngest was 18 the home was to be split 60/40 biggest share to me, can I force a sale, he has lived there 9 years
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: Consent order was sent to court 5 years ago, it says he is to stay in House until our son is 18 then the house is to be divided, he wants to stay so I am just seeing what my options are
Assistant: Have you talked to a lawyer about this yet?
Customer: Yes not very helpful
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No thanks
Customer: replied 5 days ago.
Also if he wants to stay in the house can I get him to pay the costs involved

Hello, my name is Jim and I am a qualified lawyer happy to help you today.

Is your youngest now over 18 and not living there now?

Customer: replied 5 days ago.
Our youngest has always lived with me, I moved out and rented and my ex stayed in the family home ( stupid choice on my part 5 years ago) our youngest was 18 in July so the consent order now comes into effect. My ex wants to stay in the house and pay me the 60 per cent, it’s a part rent part but house so it’s not much. I was just wondering if I could say he had to stick to the terms or he could make a deal with me to stay

Yes, it would be up to you both but you could apply to force a sale - that is relatively easy to do. You would need 3 home valuations to obtain the average market price.

If he wants to stay in the house he needs to pay your share - is he able to do this?

Customer: replied 5 days ago.
We have had 3 valuations and he has the money to pay my share but I could also pay his share and as I rent and will never be able to get another mortgage I was looking to see if he wanted to stay there if might be willing to negotiate something, just needed to know if I had rights to force a sale first

Yes, if you are also an owner then you have rights under the Trustees of Lane and Appointment of Trustees Act 1996. You are both trustees and either can apply to force a sale. You can either apply yourself or use a law firm - if your ex refuses and you successfully apply to force a sale then you can ask for your costs to be paid from your ex.

Customer: replied 5 days ago.
Thank you

I hope this helps - if you can please accept the answer and give me a 5 star rating (the top right of your screen & then click “submit”), I can answer follow up Q&A's at no extra charge and I will be credited for helping you today.

Many thanks,

Jim

JimLawyer and 5 other Law Specialists are ready to help you
Customer: replied 4 days ago.
He has expressed interest in taking over the mortgage as if I force a sale he will not be able to get another mortgage due to his age and money, how do I decide on where to start with how much he should pay me for me to agree to this?
Customer: replied 4 days ago.
Obviously this is as well as my share of the house which is owed if House is sold or he stays

OK, that is good news as it means you do not have to issue court proceedings.

Firstly get a valuation for the property (at least one).

Work out the average market price for the property. work out sale costs including solicitor's fees and then 60% of the equity after sale costs - that is your sum which you want from him

Customer: replied 4 days ago.
Yes that’s what he has to pay me for my share but as he wants to stay in the house and doesn’t want me to force a sale I will only agree if we can come to a financial agreement on top of my share of the house, that is the bit I am unsure of
Customer: replied 4 days ago.
I will have to stay renting and he will be ok for rest of his life with mortgage paid in 10 years if I agree to him staying in the house which is why I want some sort of financial agreement on top of my share