Tenants in Common and rights to sell

[jmp08]

I bought with a friend in January 2007 as tenants in common. She has since decided she no longer wants to be my friend and the living arrangement has become impossible! The flat is in negative equity so there are no profits to be made. I have offered to take over the mortgage without her paying for the loss or for her to take over the mortgage with me paying any loss. Selling is also an option but a bit of a silly one. She has refused all 3 offers and wants me to pay her legal fees and refund the money she has put in to service charge in the 21 months she's lived here if I am to take the mortgage over. She cannot afford to take the mortgage on but I have checked and I can.

Morally I don't believe she has any reason to demand this money as I would actually be taking on her half of the debt, the service charge is more or less an insurance policy, she caused the problem in the first place, she had 19 months of free London travel because of where I work and for 12 months she had someone else living there rent and bill free.

Does anybody know if there is any way I can force our financial ties to be severed one way or the other?

Thanks : )

[ethandron]

From what you have written I guess that none of this was addressed before you enered into a tenants in common agreement with your friend. Lesson to be learnt there!!

One solution is going to court and asking to sell the property under court order and distribute the proceeds among the owners.

My best advice is to go and see a solicitor.