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plclegal
plclegal, Barrister
Category: Law
Satisfied Customers: 7996
Experience:  Barrister at law
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I have joint ownership of a house. Agreement following

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Hi, I have joint ownership of a house. Agreement following separation was that the house would be put up for sale. At the last minute other party has decided that they no longer want to sell and want it off the market. I want to sell as i no longer live at that address. What are my rights?
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: UK. Saw the option to ask the question here so decided to do that
JA: What steps have you taken so far?
Customer: I moved out at the end of Nov 2020. Put the house on the market. Have just be made an offer today and other party has now decided that they are no longer interested in selling and that they want it off the market. I want to sell and want my half of the value
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: When i moved out he moved back in but agreed to sell and now has changed his mind. We havent lived as husband and wife since April 2017

Hello, my name is*****’ll do my best to assist you today and I’m sorry that you are going through this. I appreciate that is is important that you find a resolution as soon as possible.

Please bear in mind though that this is an email service and not live chat and therefore I may not respond immediately.

Please note that our discussions on this site are for general information purposes and do not create an lawyer-client relationship. It is always recommended that you consult with a local solicitor for specific legal information. You may receive a phone call request which is from the site, not me, and you may choose to ignore this request.

I'm reviewing your question and will revert back to you shortly. Please do not wait on line for a response, you will receive an email notification from JustAnswer to tell you that I have sent a reply.

Please be patient with me as I am generally assisting multiple customers at once! Thank you.

Customer: replied 1 month ago.
Thank you.

It looks like you clicked the call request button - apologies I can’t take a call at the moment but other experts are free to contact you. If no one calls you then you will not be charged for it - an "authorisation" has been made for payment, that's all. However, the call request is open to all experts - if you want to cancel the call then please send an email to *****@******.***, or contact customer care on this number - 0808(###) ###-#### I will continue to answer online in the meantime.

plclegal and 2 other Law Specialists are ready to help you
Customer: replied 1 month ago.
Does that mean that i have lost the £44 that has just been paid for a phone call?

You absolutely have the right to ask that the property is sold. It is a marital asset and you both have an entitlement to a share. The starting point is a 50/50 split of the equity, but there are smoother factors to weigh in when deciding a split of marital assets, such as other assets, pensions, ages, job prospects etc.

If he wishes to retain the house he would normally have to agree to buy you out of your share and have your name then removed from the mortgage - or you will be tied to the house until such time as the mortgage is paid off which would be unfair.

You say that you have been separated since 2017 - are you planning to divorce?

Customer: replied 1 month ago.
Will wait for phone call.

Of course - and a colleague from the site will call you as you have paid for a call.

I was asking about divorce as there matters are much more easily dealt with through that lens - being the financial order upon divorce.

These applications outside of the divorce procedure can be costly and time-consuming. However, in a financial order application, which costs £255 to make, the court can order the sale of the matrimonial home as part of the final package of orders that achieve your financial separation upon divorce.

It would be wise to consider this route rather than a civl law/ trusts application for the sale of the house as it will save you thousands of pounds in legal fees, and most likely be dealt with more quickly too. Also by a family law judge, who looks at issues of overall fairness and needs, not just the issue of the sale of the house - so you could even end up with a larger share that you had agreed previously.

Take care, thanks again for contacting the site today.

Thank you again for visiting JustAnswer, please do let me know if you have any additional questions in the future. I am also happy to answer any new questions on other topics that you may have, you can request me by putting “for PLCLEGAL” at the start of the new thread. Best wishes, Peter