Force property sale

[right4repro]

This has been covered in some respects, but I am in a catch 22 situation. Five years ago purchased a property with a partner (tenants in common). I left 6 months later and agreed to her to let rooms to pay my half of mortgage. But she refuses to sell to pay my percentage and release me from mortgage, claims I have no financial interest in property. She cannot take the mortgage in her name (lack of earnings). She only lives with her son, but now after being made redundant I claimed JSA but has been stopped because they say I have assests! Been to CAB, no joy and a solicitor who wants money to progress (I have also claimed legal aid).
To send a court order to force sale can cost thousands. She is also ignoring contact and claims she cannot afford solicitor.
I have a number of debts, if I could obtain my percentage (approx �50k) I could avoid bankruptcy. I am stuck! Help!!

[themas]

1. If JSA was stopped because of your part ownership of the house it must be Income Based JSA. If you had been working and paying NI for 2/3 years (detailed provisions rather complex) you should be entitled to 6 months Contribution Based JSA - which is not means tested. Suggest you look into this with Job Centre unless you know you don't qualify.

2. There may be a problem in getting legal aid because the value of your part of the house would probably be regarded as capital which would disqualify you. Only a solicitor with the correct type of legal services commission franchise could tell you for sure.

3. If you make yourself bankrupt the house will be sold by the OR (your ex will not be able to prevent this, although it may take some time) and the proceeds of your part will go to your creditors, and to pay the bankruptcy costs. If your debts are well under the value of your share of the house then it could be that your creditors would be paid off in full. If this happens you could apply for your bankruptcy to be annulled and this would help repair your credit rating.

[right4repro]

Thanks themas, I am on the flat JSA rate. I would have enough to pay the ones that are chasing, but not if I declare all debts under bankruptcy.

I don't even have the fee as yet to declare myself, some credit cards have mentioned it. Plus I owe Customs & Excise, perhaps I can ask them to make me bankrupt?

Plus my ex could make an offer to the reciever, can he sell at a reduced figure to her?

[themas]

JSA is confusing - the rates are the same, its just that the Income Based oneis means tested and the other one isn't.

Customs might bankrupt you, or they might go down the route of going to Court, getting a CCJ and - if you can't pay it - going back to Court to get a charging order on the house. If you still didn't pay they could then ask the Court for an order for sale. This would leave them in a better position than your other creditors (as all your share of the house equity would be available to them to pay their debt in full before anyone else got a look in) so they might prefer it if they knew your full situation. It might take longer than the bankruptcy route.

OR cannot sell at a reduced price. Your ex would have to buy out your interest at a proper valuation. If she can't afford this the house would be sold.

You should be careful not to give preferential treatment to some creditors (e.g. by paying off the ones that are chasing and ignoring the others). If you later had to go bankrupt the OR could undo such transactions and it could cause difficulties for you.

[Mrs_Pegasus]

Tenants in common means you do have a say in the house but you would have to force a sale. Problem is that there are not many courts who would do this with a dependant in the house. However, the court may feel the house is more than her needs and a sale could be forced. I have been involved in similar circumstances and so far it has cost over �1000 and is a very long drawn out procedure, currently 2+ years.

Yes, she can make an offer for the property if it is taken by the OR but it must be enough to pay off your share or a great deal of it.

[Hgrove]

you could remind your ex that if you are made redundant, the house will be sold by the Official Reciever, not necessarily for the best achievable price, and I think the OR will have no regard at all for your ex and her child's welfare. She would therefore be better placed if she sells on the open market in order to get the best price for her share.

[Hgrove]

Also, the people at the CAB are not lawyers, but try a Law Centre - a CAB should at least be able to put you in touch with a law centre. The website for the Legal services commission (formely Legal aid) is: http://www.clsdirect.org.uk/index.jsp

Also have a look at this: http://www.advicenow.org.uk/

[lady_p_gold]

I do not know but are you able to sell your half to someone else as you are tenants in common ? It might not be the best investment for someone but she may prefer to have another option rather than that one and it might push her along. Perhaps someone else can say if this is possible.

[right4repro]

Thanks everyone for the input:-
'themas' � You are right about pref creditors, but I believe VAT & IR take priority. I have told them the situation and they may take a charge against property via my solicitor.

'Mrs_Pegasus', 'Hgrove' and 'lady_p_gold' � The dependant is now just 18 I think, so objection upon 'children' in the home should not apply. My solicitor has quoted �8,000 total costs, about 1500 to me because I have the right to sell so would win, but as you say messy and drawn out.

It would be sensible to just sort it out between us, but she is an alchoholic, so logic is out the window! Oh she also works for the OR! Perhaps she is waiting to do a deal with the OR?

On the subject of CAB. They mean well, but they have no 'clout'. Yes I obtained a list of solicitors to handle the case, I called ALL 22 of them, 21 gave an excuse of some kind.

My other route is to become a pain in the ar*se, by moving back in or renting out rooms to third parties!

[Hgrove]

yes, but have you tried a Law Centre? Not a list of solicitors - I mean a real Law Centre? The CAB should know where your local centre is, otherwise try your local library.

[right4repro]

Well I am still stuck. JSA has been suspended because they consider I have more than �8,000 in the property, on appeal for weeks! No money, but have found solicitor who can use legal aid, but still requires �250 up front (don't even have that spare at present). Will cost thousands to sort out, she is totally illogical. I think she is holding out so I go bankrupt and she can make a low cost deal with the OR. She works for the OR office! Insider dealing?

I did tell the mortgage company all this, but they ignored it. They are only interested in mortgage being paid. Which she is, but as single income she cannot take over mortgage in her own name, let alone pay me off.

Her son is now over 18 so no dependants. Matter of interest can I charge him rent? Or evict him?