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Forcing A Sale

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Friend of mine has a joint mortgage with a former partner. Still both living in the same house, he’s not working, she is and effectively paying for everything. She wants out, wants to sell the house and move on. He doesn’t, as given his age he’s unlikely to work again.

Some equity in the property, but not a vast amount, after costs they’re likely to pull a few K each.

Also it looks like she’s going to lose her job. Employer is downsizing the company and pulling all the tricks to make peoples life difficult and get them to leave, so they can minimise any redundancy they have to pay. She knows she could find better work elsewhere, but would have to move but with being tied to the house can’t. Also doesn’t have any spare capital to run two houses whilst she gets set up elsewhere.

So… Really needs to force the sale on the house and start over.

So looking for advice on forcing a sale on a joint mortgage when one party refuses

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Method 1:

If he insists on staying, the lender can force him out. Stop paying mortgage, help the mortgage company speed up the repossession.

If there is some equity, this may be more than wiped out in the event of a forced sale.

If she then loses her job and is no position to make up any joint debts, then go bankrupt.

Wait a bit, get another job.

Method 2:

"he hit me", call police.

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Do they own as joint tenants or tenants in common? If TiC, there is provision in TLATA for a trustee to force a sale.

It's over 5 years since I learnt this and I make no apology if this is outdated or incomplete.

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Method 1:

Method 2:

"he hit me", call police.

Just no.

She needs a solicitor who may be able to sever the joint tenancy to tenants in common. May be. Even that doesn't give her the absolute right to force the sale but it makes it easier. Repossession is going to injure her credit for the foreseeable as well as his. Only real way out is negotiation. Will his family engage? Selling the house does sound from what you have said, to be the only way out.

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The guy in question is an alcoholic who will never work again, it’s fair to say he isn’t worried about his credit rating. He has nothing lose by refusing to move.

I don’t know the nature of the mortgage, however it’s useful to know that there may be an option in tenants in common.

The advice is appreciated.

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