Forcing the Sale of the Home

Answered on 9 February 2019 by Nick Morrey

I have a house in joint names with my ex partner. There is no mortgage on the property. I moved out and live in rented accommodation, I have asked her to buy my share, but says she can't afford to remortgage. Can I make her sell the house, or can I charge her rent for half the house?

In most enquiries that involve sepration, divorce and ex partners, the first priority is get some good legal advice to establish exactly what your rights and options are. you can see our other answers here.

From a mortgage perspective, there's not a lot you can do to force her to sell, or to buy out your share. However an alternative would be to look at buying her out and then selling the property or moving back into it rather than paying rent.

In many cases such as this the party in the property may be quite happy with the status quo, and the idea of losing the property, having to move out, etc. rnight suddenly prompt her to explore properly whether she might be able to afford to buy you out after all.

If you want to see whether this might be feasible, then please contact one of our mortgage experts on 0344 346 3672.

Answers provided in response to Ask the experts are based on the information provided and do not constitute advice under the Financial Services & Markets Act. They reflect the personal views of the authors and do not necessarily represent the views, positions, strategies or opinions of John Charcol. All comments are made in good faith, and John Charcol will not accept liability for them.

We recommend you seek professional advice with regard to any of these topics where appropriate.


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