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Clare, Solicitor
Category: Property Law
Satisfied Customers: 35219
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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I own a house jointly with my ex partner (we weren’t

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Hello, I own a house jointly with my ex partner (we weren’t married) we have no children. He moved out just under two years ago as he met someone else, it’s reasonably amicable between us as he cares for our cats when I’m away, but he refuses to discuss the house and the future. He isn’t happy, lives in a rented room and basically is lost and in limbo. I’m not and can afford to buy him out to around 85-90% of the house, taking on a new much bigger mortgage and using all my savings. It’s scary but I feel the right thing to stand on my own two feet. He point blank refuses to discuss this, he insists on still paying 50% for all bills and house related expenses. I then insisted on paying 50% of his rented room so that everything remains equal. Part of me really doesn’t like this that he won’t even discuss selling to me but equally doesn’t want to cut my nose off to spite my face. I earn more so can get a bigger mortgage, I am concerned that house prices continue to raise and my salary isn’t rising at the same level so every year I am forced to wait to buy him out the bigger the gap in what I can afford to raise to buy him out. Is there anything I can do whilst I’m resident in the house alone and have been for just under two years? A female friend is looking for a room to rent so I offered thinking this rental income would be ideal for me to keep to put into my pot for eventual house buy out, but he is angry about that saying that he wants to be able to come and stay and look after thr cats (as he does when I’m away) and says he feels the house is his lifeline...He is refusing to let me move on and I’m realky concerned that as and when I meet someone and maybe they want to move in that he’s just going to be ridiculously unreasonable. We’d been together for 20 years but he has proven to be very selfish in some matters. The house is a big case in point. Other than go to court to force him to sell to me (not sure this can be done) do I have any other recourse to try to move things along? And also am i legally allowed to rent the room out to a friend whilst I’m living here and keep the money myself? As it’s me sharing etc Many thanks, Sarah

Thank you for your quetsion

My name is Clare

I shall 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?

Customer: replied 7 months ago.
The house is worth around £340k with £132k outstanding on mortgage

Who is currently paying the mortgage?

Customer: replied 7 months ago.
As I mentioned we are both paying mortgage & house-related bills 50/50 and I’m paying 50% of his room. This has been the case for almost two years since he moved out

I am sorry you did indeed say that

Are you willing to actually force the issue via the courts at this stage

Customer: replied 7 months ago.
No I’m not willing at this stage it seems too extreme and i assume very costly and apart from this frustrating and at times upsetting issue he’s fine and we are mostly amicable.

This is a very unusual situation and you are right to be concerned about it

It appears that your ex wishes to retain his rights in the house and , as you point out, this makes it impossible for you to move on

You can rent the room out but you will need to account to your ex for half of the money since he is paying half of all the bills

However if what you want is to bring matters to a head then you may wish to consider insisting that you attend FamilY mediation together to agree a timetable for the resolution of matters - and if he refuses then you may need to consider applying to the court for an Order for sale 9which can include a "sale" to you)

I hope that this is of assistance - please ask if you need further details

Customer: replied 7 months ago.
An order of sale isn’t quite what I want - I want to buy him out the house - would that be taken into account by the courts? How much would this process cost? And re mediation there is no obligation on his part to attend is there?

i appreciate that that is what you want - but you will have to approach it in this way I am afraid as there is no other option.

You of course can "buy" the property if it is sold!

He cannot be forced to attend mediation - but it is better that the court sees that YOU have tried it

As to how much it costs it depends on whether you get a solicitor to deal with it or deal with it yourself - budget for up to £1000 or so - but get a quote first

Clare and other Property Law Specialists are ready to help you