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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12188
Experience:  30 years as a practising solicitor.
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I have a joint mortgage with my ex partner. I left him 5 years

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I have a joint mortgage with my ex partner. I left him 5 years ago and have been trying to get out of the situation ever since. In 2011 I dealt with KW Law and under advisement they took the case to court to have the mortgage transferred to me; the sheriff said no and when I asked my solicitor why she said "oh probably because you aren't married". My ex is particularly awkward and unreasonable. The whole argument was he was waiting for a criminal injuries settlement which would enable him to take on ownership of the house. I believe in 2013 (following £12.5K interim payments) he received a cheque for £21,798.00, he did not resolve this issue. Since then I have been trying to reach some kind of agreement with him to no avail. He has recently stated that he would rather see the house burned down that hand it over to me, he is doing nothing to take the house on himself. He believes the house is worth in the region of £80K but the house is in such a state of disrepair, mess, dirt and chaos (as he hasn't actually lived in it for the best part of 4 years) that it would cost thousands to get it into the position to be able to sell it (again something he completely disagrees on and is doing nothing to resolve). He has been paying the mortgage for the last 4 years, I have been paying home and life insurance as previously advised. As of the end of last week I have been advised that there are now arrears on the mortgage and subsequently discovered there are 3 businesses registered at the address (and as far as I am aware the insurance hasn't been advised). I just want out of this situation can someone please help?
Thank you for your question.
From what you say this is now becoming a damage limitation exercise. Your quickest remedy is to go back to court with a new action for the sale of the property. The court must grant such an order if one party isn't prepared to buy the other out. Thereafter, once the order is granted it is for you to tidy the place up for sale, or not, as the case may be.
Unfortunately, without mutual cooperation a court order for sale is the only option available to you.
I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.

Thanks for taking the time to look at my question. I am unsure though you say the court must grant the order if one party isn't prepared to buy the other out, won't he then argue that he is prepared and is "trying" to buy me out?

Trying isn't good enough. He's had years to do so. Any action by you for sale will succeed.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you kindly